S-1105.1  _______________________________________________

                         SENATE BILL 5543

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senator Smith

Read first time 01/26/95.  Referred to Committee on Law & Justice.

Including homicide of a parent by a battered child as manslaughter.

    AN ACT Relating to including homicide of a parent by a battered child as manslaughter; amending RCW 9A.32.060; and prescribing penalties.

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

    Sec. 1.  RCW 9A.32.060 and 1975 1st ex.s. c 260 s 9A.32.060 are each amended to read as follows:

    (1) A person is guilty of manslaughter in the first degree when the person:

    (a) ((He)) Recklessly causes the death of another person; ((or))

    (b) ((He)) Intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child; or

(c) Is a battered child who causes the death of a parent or a person acting as a parent when under the influence of extreme emotional distress caused by repeated physical and emotional abuse inflicted by the deceased.

(i) For the purposes of this section "battered child" means a minor who has suffered repeated physical and emotional abuse from a parent or a person acting as a parent.

(ii) For the purposes of this section "extreme emotional distress" means a degree of anger and terror sufficient to render the mind incapable of rational consideration.

    (2) Manslaughter in the first degree is a class B felony.

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