HOUSE BILL REPORT

SHB 752

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Armstrong, P. King, Brough and Betrozoff; by request of Sentencing Guidelines Commission)

Revising the definition of second degree assault.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Meyers, Padden, Patrick, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE FEBRUARY 12, 1988

BACKGROUND:

The assault statutes were rewritten in 1975 as part of the Washington Criminal Code.  The assault statutes were again rewritten in 1986 and 1987, with these changes effective July 1, 1988.  The current assault laws will be repealed when the 1986 and 1987 changes take effect.

Assault is not defined in statute; therefore, courts must look to common law (or case law) for a definition.  At common law, assault is either:  (1) causing apprehension of injury in the mind of the victim, or (2) attempting a battery.  Battery is any unauthorized touching or contact with the victim.  Courts have combined the common law definition of assault and battery for criminal assault.

Second degree assault, under both the current law and the new law effective July, 1988, applies to the committing of assault without intending serious injury if serious circumstances exist in the commission of the assault, such as using a weapon or poison, or committing a felony.

The current law requires that if no serious circumstances exist, a person committing assault must knowingly inflict serious injury for second degree assault to apply.  The new law provides that where no serious circumstances exist, second degree assault applies where serious injury results.  This is referred to as strict liability for the injury because the intended injury is not relevant.

SUMMARY:

Assault is defined in statute as:  (1) an attempt with unlawful force to inflict bodily injury, or a threatening act that a reasonable person believes would cause bodily injury, or (2) the infliction of bodily injury by unlawful physical force or contact.

The definition of second degree assault that is to take effect on July 1, 1988, is modified to make strict liability for injury where no serious circumstances exist applicable only if the victim is under 12 years old.  Where the victim is at least 12 years old, and where no serious circumstances exist, the person committing the assault must knowingly cause serious injury.

EFFECT OF SENATE AMENDMENT(S):  The amendment changes second degree assault provisions in the bill that relate to assault where no other serious circumstances exist, such as using a weapon or poison, by changing the standards of culpability.  "Strict liability" for serious injury when the victim is under 12 years old and "knowingly" causing serious injury when the victim is at least 12 years old are changed to "recklessly" causing serious injury to a victim of any age.

Provisions regarding assault with a deadly weapon scheduled to take effect in July, 1988 are not changed; that is, "knowingly" is not necessary when assault with a deadly weapon occurs.

Finally, a new form of second degree assault is added.  A person can commit second degree assault by knowingly inflicting bodily harm that causes pain or agony that is the equivalent of torture.

Fiscal Note:    Not Requested.

Effective Date:The bill takes effect on July 1, 1988.

House Committee ‑ Testified For:     David Allen, Washington Defender's Association.

House Committee - Testified Against: Mike Redman, WAPA.

House Committee - Testimony For:     Strict liability for injury, where the injury may not be intended or could even be accidental, should not be part of criminal law.  Assault should be defined in statute.

House Committee - Testimony Against: The changes made in 1986 should go into effect as scheduled.  Strict liability for serious injury should apply to everyone, not just victims under 12 years old.

VOTE ON FINAL PASSAGE:

     Yeas 91; Nays 2; Excused 5

Voting Nay:     Representatives Brough, May

Excused:   Representatives Allen, Braddock, Ferguson, Fuhrman, Williams B