_______________________________________________
SUBSTITUTE
SENATE BILL 6382
_______________________________________________
Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 2000 Regular Session
By
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.
Passed the Senate February 14, 2000.
Passed the House March 1, 2000.
Approved by the Governor
March 22, 2000.
Filed
in Office of Secretary of State March 22, 2000.
