S-1157.1  _______________________________________________

                         SENATE BILL 6090

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Long, Kline and McCaslin

Read first time 02/20/2001.  Referred to Committee on Judiciary.

Revising provision for assault in the third degree.

    AN ACT Relating to assault in the third degree; and amending RCW 9A.36.031.

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

    Sec. 1.  RCW 9A.36.031 and 1999 c 328 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, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or

    (c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is 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 and which duties did not include care for persons with mental disabilities, including developmental disabilities or mental illness, organic brain syndromes, neurological disorders, traumatic brain injury, and dementia.  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.

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