H-0542.1 _______________________________________________
HOUSE BILL 1200
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State of Washington 54th Legislature 1995 Regular Session
By Representatives Basich, Kremen, Ballasiotes, Quall, Van Luven and Carlson
Read first time 01/17/95. Referred to Committee on Law and Justice.
AN ACT Relating to sports officials; amending RCW 9A.36.031; adding a new section to chapter 4.24 RCW; creating a new section; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:
(1) Sports officials who officiate athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played.
(2) This section does not grant the protection set forth in subsection (1) of this section to sports officials who cause injury or damage to a person or entity by actions or inactions that are intentional, willful, wanton, reckless, malicious, or grossly negligent.
(3) "Sports officials" means those individuals who serve as referees, umpires, linesmen, and those who serve in similar capacities but may be known by other titles and are duly registered or members of a local, state, regional, or national organization engaged in part in providing education and training to sports officials.
Sec. 2. RCW 9A.36.031 and 1990 c 236 s 1 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 herself 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 that is owned or operated by the transit company and that is occupied by one or more passengers; or
(c) Assaults a school bus driver employed by a school district or a private company under contract for transportation services with a school district while the driver is operating or is in control of a school bus that is occupied by one or more passengers; or
(d) 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
(e) 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
(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
(g) 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 or;
(h) Assaults any sports official as defined in section 1 of this act (i) who was performing his or her sport official duties at the time of the assault, or (ii) after the sports official performs his or her official duties at an athletic event if the assault occurs within the confines or immediate vicinity of the athletic facility at which the event occurred.
(2) Assault in the third degree is a class C felony.
NEW SECTION. Sec. 3. This act shall apply to all assaults against sports officials and actions by sports officials that occur on or after the effective date of this act.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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