S-0889.1  _______________________________________________

                         SENATE BILL 5650

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Oke, Owen, Roach, Hargrove, Deccio, Swecker, Wood, Hale, Schow, Hochstatter, Palmer, Winsley, Morton, Sellar, Cantu and McDonald

Read first time 01/30/95.  Referred to Committee on Law & Justice.

Making it a first degree assault to administer the human immunodeficiency virus to another person.

    AN ACT Relating to assault with the human immunodeficiency virus; amending RCW 9A.36.011; reenacting and amending RCW 9A.36.021; and prescribing penalties.

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 or any other destructive or noxious substance; or

    (c) Assaults another and inflicts great bodily harm.

    (2) A person is guilty of assault in the first degree if he or she, with intent to inflict bodily harm, administers to or causes to be taken by another, the human immunodeficiency virus as defined in chapter 70.24 RCW.

(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

    (c) Assaults another with a deadly weapon; 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) 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.

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