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
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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
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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.
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CLYDE BALLARD
Speaker of the
House of Representatives
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 MIKE O'CONNELL
Secretary
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Approved April 23, 1997 Place Style On
Codes above, and Style Off Codes below.
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FILED
April 23, 1997 - 4:42 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SENATE
BILL 5681
_______________________________________________
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
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.