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ENGROSSED
SENATE BILL 5499
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Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/29/97. Referred to Committee on Law & Justice.
Defining when an assault on a bus driver constitutes
assault in the third degree.
AN
ACT Relating to assault on bus drivers; amending RCW 9A.36.031; and prescribing
penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.36.031 and 1997 c 172 s 1 are each amended to read as follows:
(1)
A person is guilty of assault in the third degree if he or she, under
circumstances not amounting to assault in the first or second degree:
(a)
With intent to prevent or resist the execution of any lawful process or mandate
of any court officer or the lawful apprehension or detention of himself or
another person, assaults another; or
(b)
Assaults a person employed as a transit operator or driver by a public or
private transit company while that person is ((operating or is in control of
a vehicle that is owned or operated by the transit company and that is occupied
by one or more passengers)) performing his or her official duties at the
time of the assault; or
(c)
Assaults a school bus driver employed by a school district or a private company
under contract for transportation services with a school district while the
driver is ((operating or is in control of a school bus that is occupied by
one or more passengers)) performing his or her official duties at the
time of the assault; or
(d)
With criminal negligence, causes bodily harm to another person by means of a
weapon or other instrument or thing likely to produce bodily harm; or
(e)
Assaults a fire fighter or other employee of a fire department, county fire
marshal's office, county fire prevention bureau, or fire protection district
who was performing his or her official duties at the time of the assault; or
(f)
With criminal negligence, causes bodily harm accompanied by substantial pain
that extends for a period sufficient to cause considerable suffering; or
(g)
Assaults a law enforcement officer or other employee of a law enforcement
agency who was performing his or her official duties at the time of the
assault; or
(h)
Assaults a nurse, physician, or health care provider who was performing his or
her nursing or health care duties at the time of the assault. For purposes of
this subsection: "Nurse" means a person licensed under chapter 18.79
RCW; "physician" means a person licensed under chapter 18.57 or 18.71
RCW; and "health care provider" means a person certified under
chapter 18.71 or 18.73 RCW who performs emergency medical services or a person
regulated under Title 18 RCW and employed by, or contracting with, a hospital
licensed under chapter 70.41 RCW.
(2)
Assault in the third degree is a class C felony.
Passed the Senate January 30, 1998.
Passed the House March 5, 1998.
Approved by the Governor
March 20, 1998.
Filed
in Office of Secretary of State March 20, 1998.
