BP BHEAD INT H

AN ACT Relating to crimes; amending RCW 9A.36.011, 9A.32.010, and 10.79.015; and reenacting and amending RCW 9A.36.021 and 9A.04.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9A.36.011 and 1986 c 257 s 4 are each amended to read as follows:

(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:

(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or

(b) Administers to or causes to be taken by another, poison, the human immunodeficiency virus as defined in chapter 70.24 RCW, or any other destructive or noxious substance; or

(2) A person is guilty of assault in the first degree if he or she, with knowledge that he or she has tested positive for human immunodeficiency virus as defined in chapter 70.24 RCW, recklessly exposes or transmits to another person the human immunodeficiency virus.

(3) Assault in the first degree is a class A felony.

Sec. 2. RCW 9A.36.021 and 1988 c 266 s 2, 1988 c 206 s 916, and 1988 c 158 s 2 are each reenacted and amended to read as follows:

(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:

(a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or

(b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or

(d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison((~~, the human immunodeficiency virus as defined in chapter 70.24 RCW,~~)) or any other destructive or noxious substance; or

(e) ((~~With intent to inflict bodily harm, exposes or transmits human immunodeficiency virus as defined in chapter 70.24 RCW; or~~

~~(f)~~)) With intent to commit a felony, assaults another; or

((~~(g)~~)) (f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture.

(2) Assault in the second degree is a class B felony.

Sec. 3. RCW 9A.32.010 and 1987 c 187 s 2 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, homicide is the killing of a human being by the act, procurement, or omission of another, death occurring within three years and a day, and is either ((~~(1)~~)) (a) murder, ((~~(2)~~)) (b) homicide by abuse, ((~~(3)~~)) (c) manslaughter, ((~~(4)~~)) (d) excusable homicide, or ((~~(5)~~)) (e) justifiable homicide.

(2) Homicide is the killing of a human being by exposing, administering, or transmitting to another the human immunodeficiency virus as prohibited by RCW 9A.36.011 with death occurring any time after transmission, and is either (a) murder, (b) homicide by abuse, (c) manslaughter, (d) excusable homicide, or (e) justifiable homicide.

Sec. 4. RCW 10.79.015 and 1980 c 52 s 1 are each amended to read as follows:

Any such magistrate, when satisfied that there is reasonable cause, may also, upon like complaint made on oath, issue search warrant in the following cases, to wit:

(1) To search for and seize any counterfeit or spurious coin, or forged instruments, or tools, machines or materials, prepared or provided for making either of them.

(2) To search for and seize any gaming apparatus used or kept, and to be used in any unlawful gaming house, or in any building, apartment or place, resorted to for the purpose of unlawful gaming.

(3) To search for and seize any evidence material to the investigation or prosecution of any homicide or any felony. No health care provider or medical records privilege established under the laws of this state, including but not limited to chapter 70.24, 70.02, 18.19, 18.83, 5.62, or 5.60 RCW, may preclude issuance of a warrant for medical records or prevent use of medical records in any subsequent criminal proceeding: PROVIDED, That if the evidence is sought to be secured from any radio or television station or from any regularly published newspaper, magazine or wire service, or from any employee of such station, wire service or publication, the evidence shall be secured only through a subpoena duces tecum unless: (a) There is probable cause to believe that the person or persons in possession of the evidence may be involved in the crime under investigation; or (b) there is probable cause to believe that the evidence sought to be seized will be destroyed or hidden if subpoena duces tecum procedures are followed. As used in this subsection, "person or persons" includes both natural and judicial persons.

(4) To search for and seize any instrument, apparatus or device used to obtain telephone or telegraph service in violation of RCW ((~~9.45.240~~)) 9.26A.110.

Sec. 5. RCW 9A.04.080 and 1995 c 287 s 5 and 1995 c 17 s 1 are each reenacted and amended to read as follows:

(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

(a) The following offenses may be prosecuted at any time after their commission:

(i) Murder;

(ii) Homicide by abuse;

(iii) Homicide as enumerated in RCW 9A.32.010 if the homicide occurs as a result of the administration, exposure, or transmission of the human immunodeficiency virus as prohibited by RCW 9A.36.011 (1)(b) or (2);

(iv) Assault in the first degree if the assault is committed by administration, exposure, or transmission of the human immunodeficiency virus as prohibited by RCW 9A.36.011 (1)(b) or (2);

(v) Arson if a death results.

(b) The following offenses shall not be prosecuted more than ten years after their commission:

(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;

(ii) Arson if no death results; or

(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.

(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.

(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.

(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.

(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

(g) No other felony may be prosecuted more than three years after its commission.

(h) No gross misdemeanor may be prosecuted more than two years after its commission.

(i) No misdemeanor may be prosecuted more than one year after its commission.

(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.

(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.