HOUSE BILL REPORT

                  HB 2791

                    As Passed Legislature

Title:  An act relating to clarifying assault in the third degree to include county fire marshal's office.

Brief Description:  Clarifying assault in the third degree to include county fire marshal's office.

Sponsors:  Representatives Lambert, Costa, Sterk, Campbell and Smith.

Brief History:

  Committee Activity:

Law & Justice:  1/31/96, 2/1/96 [DP].

  Floor Activity:

     Passed House:  2/7/96, 95-1.

     Passed Legislature.

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.  Signed by 17 members:  Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Murray; Robertson; Smith; Sterk and Veloria.

Staff:  Edie Adams (786-7180).

Background:  A person is guilty of assault in the third degree, a class C felony, if the person

!assaults a person with intent to prevent or resist the execution of any lawful process of a court officer, or the lawful apprehension of himself or herself or another;

!assaults a person employed as a transit officer or driver while that person is operating or in control of a transit vehicle occupied by one or more passengers;

!assaults a school bus driver while the driver is operating or in control of a school bus occupied by one or more passengers;

!with criminal negligence causes bodily harm to another person by means of a weapon or other instrument likely to produce bodily harm;

!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;

!with criminal negligence causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or

!assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault.

Summary of Bill:  A person commits assault in the third degree if the person assaults an employee of a county fire marshal's office or county fire prevention bureau who was performing his or her official duties at the time of the assault.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill is needed to correct an inconsistency in the law.  Currently, fire marshals employed by cities are included in the assault in the third degree provision, but county fire marshals are not.

Testimony Against:  None.

Testified:  Pat Thompson, Washington State Council of County and City Employees (pro).