AN ACT Relating to
abandonment of dependent persons; amending RCW 9A.42.010; reenacting and
amending RCW 9.94A.320; 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, including but not limited to health-related treatment or
activities, hygiene, oxygen, and medication.
(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.
(5) "Employed"
means hired by a dependent person, another person acting on behalf of a
dependent person, or by an organization or governmental entity, to provide to a
dependent person any of the basic necessities of life. A person may be
"employed" regardless of whether the person is paid for the services
or, if paid, regardless of who pays for the person's services.
(6)
"Parent" has its ordinary meaning and also includes a guardian and
the authorized agent of a parent or guardian.
(7)
"Abandons" means leaving a child or other dependent person without
the means or ability to obtain one or more of the basic necessities of life.
NEW SECTION. Sec.
2. A new section is added
to chapter 9A.42 RCW to read as follows:
(1) A person is guilty
of the crime of abandonment of a dependent person in the first degree if:
(a) The person is the
parent of a child, a person entrusted with the physical custody of a child or
other dependent person, or a person employed to provide to the child or other
dependent person any of the basic necessities of life;
(b) The person
recklessly abandons the child or other dependent person; and
(c) As a result of
being abandoned, the child or other dependent person suffers great bodily harm.
(2) Abandonment of a
dependent person in the first degree is a class B felony.
NEW SECTION. Sec.
3. A new section is added
to chapter 9A.42 RCW to read as follows:
(1) A person is guilty
of the crime of abandonment of a dependent person in the second degree if:
(a) The person is the
parent of a child, a person entrusted with the physical custody of a child or
other dependent person, or a person employed to provide to the child or other
dependent person any of the basic necessities of life; and
(b) The person
recklessly abandons the child or other dependent person; and:
(i) As a result of
being abandoned, the child or other dependent person suffers substantial bodily
harm; or
(ii) Abandoning the
child or other dependent person creates an imminent and substantial risk that
the child or other dependent person will die or suffer great bodily harm.
(2) Abandonment of a
dependent person 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 person is guilty
of the crime of abandonment of a dependent person in the third degree if:
(a) The person is the
parent of a child, a person entrusted with the physical custody of a child or
other dependent person, or a person employed to provide to the child or
dependent person any of the basic necessities of life; and
(b) The person
recklessly abandons the child or other dependent person; and:
(i) As a result of
being abandoned, the child or other dependent person suffers bodily harm; or
(ii) Abandoning the
child or other dependent person creates an imminent and substantial risk that
the child or other person will suffer substantial bodily harm.
(2) Abandonment of a
dependent person 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:
It is an affirmative
defense to the charge of abandonment of a dependent person, that the person
employed to provide any of the basic necessities of life to the child or other
dependent person, gave reasonable notice of termination of services and the
services were not terminated until after the termination date specified in the
notice. The notice must be given to the child or dependent person, and to
other persons or organizations that have requested notice of termination of
services furnished to the child or other dependent person.
The department of
social and health services and the department of health shall adopt rules
establishing procedures for termination of services to children and other
dependent persons.
Sec. 6. RCW 9.94A.320 and 1995 c
385 s 2, 1995 c 285 s 28, and 1995 c 129 s 3 (Initiative Measure No. 159) are
each reenacted and amended to read as follows:
TABLE
2
CRIMES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVAggravated Murder 1 (RCW 10.95.020)
XIVMurder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIIIMurder 2 (RCW 9A.32.050)
XIIAssault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XIRape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XKidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human
being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or
II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IXAssault of a Child 2 (RCW
9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW
9A.44.100(1)(a))
Endangering life and property by explosives with threat to
human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or
a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW
69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW
9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of
intoxicating liquor or any drug (RCW 46.61.520)
VIIIArson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW
9A.88.070)
Selling for profit (controlled or counterfeit) any
controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver
heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver
methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by the operation of any vehicle in a
reckless manner (RCW 46.61.520)
VIIBurglary 1 (RCW 9A.52.020)
Vehicular Homicide, by
disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW
9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit
conduct (RCW 9.68A.050)
Sending, bringing into state
depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
Reckless Endangerment 1 (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first degree (RCW
9.41.040(1)(a))
VIBribery (RCW 9A.68.010)
Manslaughter 2 (RCW
9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to
human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat
to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver
narcotics from Schedule I or II (except heroin or cocaine) (RCW
69.50.401(a)(1)(i))
Intimidating a Judge (RCW
9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Theft of a Firearm (RCW 9A.56.300)
VPersistent prison misbehavior
(RCW 9.94.070)
Criminal Mistreatment 1 (RCW
9A.42.020)
Abandonment of dependent
person 1 (section 2 of this act)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of
credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW
9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Sexually Violating Human Remains (RCW 9A.44.105)
Delivery of imitation controlled substance by person
eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (RCW 9A.56.310)
IVResidential Burglary (RCW
9A.52.025)
Theft of Livestock 1 (RCW
9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Commercial Bribery (RCW 9A.68.060)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090,
9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run C Injury Accident (RCW
46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver
narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except
marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
IIICriminal Mistreatment 2 (RCW
9A.42.030)
Abandonment of dependent
person 2 (section 3 of this act)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm in the second degree (RCW
9.41.040(1)(b))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW
9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver
marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance
(RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to
distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW
9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW
21.20.400)
IIUnlawful Practice of Law (RCW
2.48.180)
Malicious Mischief 1 (RCW
9A.48.070)
Possession of Stolen Property
1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlicensed Practice of a Profession or Business (RCW
18.130.190(7))
Health Care False Claims (RCW 48.80.030)
Possession of controlled substance that is either heroin or
narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled
substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW
9A.52.110)
Escape from Community Custody (RCW 72.09.310)
ITheft 2 (RCW 9A.56.040)
Possession of Stolen Property
2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW
46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW
69.50.403)
Possess Controlled Substance
that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule
I-V (except phencyclidine) (RCW 69.50.401(d))
NEW SECTION. Sec.
7. If any provision of this
act or its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or
circumstances is not affected.
