S-4568.1 _______________________________________________
SECOND SUBSTITUTE SENATE BILL 5417
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Fraser, Winsley, Wojahn, Oke and Kohl)
Read first time 01/18/96.
AN ACT Relating to abandonment of dependent persons; amending RCW 9A.42.010, 9A.42.020, and 9A.42.030; adding new sections to chapter 9A.42 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.42.010 and 1986 c 250 s 1 are each amended to read as follows:
As used in this chapter:
(1) "Basic necessities of life" means food, water, shelter, clothing, and health care.
(2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.
(3) "Child" means a person under eighteen years of age.
(4) "Dependent
person" means a person who, because of physical or mental disability((,
or because of extreme advanced age,)) is dependent upon another person to
provide the basic necessities of life. In the context of a dependent
person, basic necessities shall have the same meaning as in subsection (1) of
this section and shall also include hygiene, medication, and health-related
treatment or activities.
(5) "Employed" includes a person hired by the dependent person, or a person provided by an organization or a governmental entity to care for the dependent person, without regard to who pays for the person's services.
(6) "Entrusted" in the context of a dependent person means that the person has established a pattern of providing regular care for the dependent person.
(7) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
Sec. 2. RCW 9A.42.020 and 1986 c 250 s 2 are each amended to read as follows:
(1) A parent of a child
((or the)), a person entrusted with the physical custody of a
child, or a person employed or entrusted to provide physical care of
a dependent person is guilty of criminal mistreatment in the first degree
if he or she recklessly causes great bodily harm to a child or dependent person
by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the first degree is a class B felony.
Sec. 3. RCW 9A.42.030 and 1986 c 250 s 3 are each amended to read as follows:
(1) A parent of a child
((or the)), a person entrusted with the physical custody of a
child, or a person employed or entrusted to provide physical care of
a dependent person is guilty of criminal mistreatment in the second degree
if he or she recklessly either (a) creates an imminent and substantial risk of
death or great bodily harm, or (b) causes substantial bodily harm by
withholding any of the basic necessities of life.
(2) Criminal mistreatment in the second degree is a class C felony.
NEW SECTION. Sec. 4. A new section is added to chapter 9A.42 RCW to read as follows:
(1) A parent of a child, a person entrusted with the physical custody of a child, or a person employed or entrusted to provide physical care of a dependent person is guilty of criminal mistreatment in the third degree if he or she recklessly creates an imminent and substantial risk of bodily injury by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the third degree is a gross misdemeanor.
NEW SECTION. Sec. 5. A new section is added to chapter 9A.42 RCW to read as follows:
The provisions relating to criminal mistreatment of a dependent person shall not apply to licensed home care and home health agencies that have provided reasonable notice of termination of services to the dependent person and to other persons or organizations that have requested notice of termination of services. The legislature recommends that the department of social and health services adopt rules establishing procedures for termination of services to dependent persons.
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