1186.E AMS LAW S4852.3

EHB 1186 - S COMM AMD

By Committee on Law & Justice

    Strike everything after the enacting clause and insert the following:

    "NEW 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 incurring a risk of danger to himself or herself; and

    (c) He or she fails to summon assistance for the person in need, thereby causing the person in need further suffering, injury, or death.

    (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, 9A.76.070, and 9A.76.080, a violation of subsection (1) of this section is a misdemeanor.

    (4) It is an affirmative defense to a prosecution for a violation of this section that the defendant reasonably believed that another person was summoning assistance for the person in need.  The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.

    Sec. 2.  RCW 9A.76.070 and 1982 1st ex.s. c 47 s 21 are each amended to read as follows:

    (1) A person is guilty of rendering criminal assistance in the first degree if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense.

    (2) Rendering criminal assistance in the first degree is((:

    (a) A gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060;

    (b))) a class C felony ((in all other cases)).

    Sec. 3.  RCW 9A.76.080 and 1982 1st ex.s. c 47 s 22 are each amended to read as follows:

    (1) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.

    (2) Rendering criminal assistance in the second degree is((:

    (a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060;

    (b))) a gross misdemeanor ((in all other cases))."

EHB 1186 - S COMM AMD

By Committee on Law & Justice

    On page 1, line 1 of the title, after "law;" strike the remainder of the title and insert "amending RCW 9A.76.070 and 9A.76.080; adding a new section to chapter 9A.36 RCW; and prescribing penalties."

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