SENATE BILL REPORT

                   HB 2791

              As Reported By Senate Committee On:

               Law & Justice, February 21, 1996

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:  2/21/96 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Smith, Chair; Fairley, Vice Chair; Goings, Haugen, Johnson, Long, McCaslin, Roach and Schow.

Staff:  Dick Armstrong (786-7460)

Background:  Current law recognizes that some people need greater protection from violence because of their occupation.  These include certain types of public-oriented officials, law enforcement officers or employees, fire department employees and transit operators.

If a person commits what normally constitutes a fourth-degree assault (gross misdemeanor) against these individuals while they are performing their official duties, the crime charged is a third-degree assault (class C felony).

Currently, fire marshals employed by cities are included in the assault in the third degree provision, but county fire marshals are not.

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:  The bill is needed to correct an inconsistency in the law.  Currently, fire marshals employed by a city are included in the third degree assault statute, but county fire marshals are not.

Testimony Against:  None.

Testified:  Representative Lambert; Representative Thompson.