S-949                 _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 5078

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senate Committee on Judiciary (originally sponsored by Senators Halsan, Talmadge, Newhouse, Vognild, Deccio, West, Bauer, Johnson and Tanner)

 

 

Read first time  1/23/87.

 

 


AN ACT Relating to assault of juvenile corrections staff members; amending RCW 9A.36.031; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 6, chapter 257, Laws of 1986 and RCW 9A.36.031 are each amended to read as follows:

          (1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:

          (a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or

          (b) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is operating or is in control of a vehicle owned or operated by the transit company; or

          (c) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

          (d) Assaults a fire fighter or other employee of a fire department or fire protection district who was performing his or her official duties at the time of the assault; or

          (e) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any juvenile corrections institution who was performing official duties at the time of the assault.

          (2) Assault in the third degree is a class C felony.