SENATE BILL REPORT

                  SHB 1200

                     As of March 23, 1995

Title:  An act relating to sports officials.

Brief Description:  Protecting sports officials from civil actions and assaults.

Sponsors:  House Committee on Law & Justice (originally sponsored by Representatives Basich, Kremen, Ballasiotes, Quall, Van Luven and Carlson).

Brief History:  Passed House 3/13/95, 53-42.

Committee Activity:  Law & Justice:  3/28/95.

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Dick Armstrong (786-7460)

Background:  An assault has been defined as any intentional touching or striking of another that is harmful or offensive, regardless of whether or not any actual physical harm is done to the victim.  The criminal code divides the crime of assault into four degrees, and into some specific separate crimes.  The various crimes are distinguished by the state of mind of the offender, the extent of injury done to the victim, whether or not a weapon was used, and who the victim was.  Fourth-degree assault is a gross misdemeanor.  All other criminal assaults are felonies.  Any assault that does not fall within the definition of one of the other degrees or definitions of the crime is fourth-degree assault. 

The Legislature has provided that with respect to certain victims, an assault that would otherwise be a gross misdemeanor will be a felony.  A fourth-degree assault becomes a class C felony if committed against: a public or private transit vehicle driver; a public or private school bus driver; a fire fighter; a law enforcement officer; personnel or volunteers at a juvenile corrections facility; personnel or volunteers at an adult corrections facility; and personnel or volunteers involved in community corrections.

An otherwise misdemeanor assault against one of these victims becomes a felony only if the victim is engaged in his or her job related duties at the time of the assault.

Summary of Bill:  A gross misdemeanor assault becomes a class C felony if committed against a sports official while he or she is officiating an event, or after the event if committed within or near the facility where the event took place.

Appropriation:  None.

Fiscal Note:  Not requested.

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