S-4587.1  _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6382

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Thibaudeau, McCaslin, Long, Costa, Winsley, Rasmussen, Kohl‑Welles and McAuliffe; by request of Attorney General)

 

Read first time 02/04/00.

Protecting dependent persons.


    AN ACT Relating to dependent persons; amending RCW 9A.42.040 and 9A.42.045; adding a new section to chapter 9A.42 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 9A.42 RCW to read as follows:

    (1) A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a child, is a person entrusted with the physical custody of a child or other dependent person, or is a person employed to provide to the child or dependent person the basic necessities of life, and either:

    (a) With criminal negligence, creates an imminent and substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life; or

    (b) With criminal negligence, causes substantial bodily harm to a child or dependent person by withholding any of the basic necessities of life.

    (2) Criminal mistreatment in the third degree is a gross misdemeanor.

 

    Sec. 2.  RCW 9A.42.040 and 1986 c 250 s 4 are each amended to read as follows:

    RCW 9A.42.020 ((and)), 9A.42.030, and section 1 of this act do not apply to ((a)) decisions to withdraw life support systems made in accordance with ((law by a health care professional and family members or others with a legal duty to care for the patient)) chapter 7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or others with a legal duty to care for the dependent person.

 

    Sec. 3.  RCW 9A.42.045 and 1997 c 392 s 512 are each amended to read as follows:

    RCW 9A.42.020 ((and)), 9A.42.030, and section 1 of this act do not apply when a terminally ill or permanently unconscious person or his or her ((designee)) legal surrogate, as set forth in chapter 7.70 RCW, requests ((palliative care)), and the person receives, palliative care from a licensed home health agency, hospice agency, nursing home, or hospital ((who is)) providing care under the medical direction of a physician.  As used in this section, the terms "terminally ill" and "permanently unconscious" have the same meaning as "terminal condition" and "permanent unconscious condition" in chapter 70.122 RCW.

 


                            --- END ---