HB 1186 - H AMDS 082 ADOPTED 3-11-97

By Representative Hickel

On page 1, beginning on line 6, strike section 1 and insert the following:

ANEW SECTION. Sec. 1. A new section is added to chapter 9A.36 RCW to read as follows:

(1) A person is guilty of the crime of failing to summon assistance if:

(a) He or she knows that another person has suffered substantial bodily harm and is in need of assistance;

(b) He or she could reasonably summon assistance for the person in need without danger to himself or herself and without interference with an important duty owed to a third party;

(d) Another person is not summoning assistance for the person in need.

(2) The duty to summon assistance is satisfied by making reasonable efforts to summon emergency police, fire, or medical assistance that identifies the location of the victim.

(3) Except as provided in RCW 9A.76.050, a violation of subsection (1) of this section is a misdemeanor.@

On page 2, beginning on line 28, after Afailing to@ strike Agive reasonable assistance to@ and insert Asummon assistance for@

EFFECT: The crime of Afailing to give reasonable assistance@ is replaced with the crime of Afailing to summon assistance.@ Individuals will not be held criminally liable for failing to give reasonable assistance to a person who has suffered or is about to suffer substantial bodily harm. Instead, a person may be found guilty of a misdemeanor if the person: Knows that another person has suffered substantial bodily harm; could summon assistance for the person without danger to himself or herself or without interfering with an obligation owed to a third party; fails to summon assistance for the person; and another person is not summoning assistance for that person. The duty to summon assistance is satisfied by making reasonable efforts to summon emergency police, fire, or medical assistance which identifies the location of the victim. Failing to summon assistance may also constitute rendering criminal assistance in certain cases.