1551-S AMH CALD WEIK 142

  

SHB 1551 - H AMD TO H AMD (H-4187.1/20) 1033

By Representative Caldier

NOT ADOPTED 02/12/2020

On page 15, line 27 of the striking amendment, after "70.24 RCW,))" insert ", an infectious disease with high morbidity or high mortality,"

On page 15, line 30 of the striking amendment, after "(2)" insert the following: "A court may not find an intent to inflict great bodily harm by administering, exposing, or transmitting an infectious disease with high morbidity or high mortality to another if there is no substantial risk of transmission or if the person took practical means to prevent transmission.

(3) For purposes of this section, the following terms have the following meanings:

(a) "Infectious disease with high morbidity or high mortality” means a disease that is an incurable infection requiring regular treatment to prevent death or a curable infection with a high mortality rate despite treatment and involves an exposure mechanism capable of causing infection.

(b) "Practical means to prevent transmission" means good faith employment of an activity, behavior, method, or device that is scientifically demonstrated to measurably reduce the risk of transmitting the disease, including but not limited to, the use of a condom, barrier protection, or other prophylactic device, or good faith participation in a treatment regimen prescribed by a health care provider or public health professional.

(4)"

EFFECT:  Modifies the crime of assault in the first degree to include exposure to or transmission of an infectious disease with high morbidity or high mortality. Provides that a court may not find intent to inflict great bodily harm for purposes of the crime if there is no substantial risk of transmission or if the person took practical means to prevent transmission. Defines "infectious disease with high morbidity or high mortality" and "practical means to prevent transmission."

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