CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5681

 

 

                   Chapter 172, Laws of 1997

 

 

                        55th Legislature

                      1997 Regular Session

 

 

THIRD DEGREE ASSAULT OF HEALTH CARE PERSONNEL

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the Senate March 19, 1997

  YEAS 44   NAYS 1

 

 

 

              BOB MORTON

President of the Senate

 

Passed by the House April 10, 1997

  YEAS 94   NAYS 4

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5681 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

           MIKE O'CONNELL

                            Secretary

 

 

Approved April 23, 1997 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           April 23, 1997 - 4:42 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 5681

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators McCaslin, Hargrove, Johnson, Haugen, McAuliffe, Long and Roach

 

Read first time 02/07/97.  Referred to Committee on Law & Justice.

Penalizing assault of health care personnel.  


    AN ACT Relating to third degree assault of health care personnel; 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 1996 c 266 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; 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; 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 March 19, 1997.

    Passed the House April 10, 1997.

Approved by the Governor April 23, 1997.

    Filed in Office of Secretary of State April 23, 1997.