BILL REQ. #:  H-0257.1 

Read first time 01/28/2003.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to failing to summon assistance; amending RCW 9A.76.050, 9A.76.070, and 9A.76.080; adding a new section to chapter 9A.36 RCW; creating a new section; repealing RCW 9A.76.060; 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.36 RCW to read as follows:
     (1) A person is guilty of the crime of failing to summon assistance if:
     (a) He or she knows that another person has suffered substantial bodily harm and is in need of assistance;
     (b) He or she could reasonably summon assistance for the person in need without danger to himself or herself and without interference with an important duty owed to a third party;
     (c) He or she fails to summon assistance for the person in need; and
     (d) Another person is not summoning assistance for the person in need.
     (2) The duty to summon assistance is satisfied by making reasonable efforts to summon emergency police, fire, or medical assistance that identifies the location of the victim.
     (3) Except as provided in RCW 9A.76.050, failing to summon assistance is a misdemeanor.

Sec. 2   RCW 9A.76.050 and 1982 1st ex.s. c 47 s 20 are each amended to read as follows:
     As used in RCW 9A.76.070, 9A.76.080, and 9A.76.090, a person "renders criminal assistance" if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he or she knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he or she:
     (1) Harbors or conceals such person; or
     (2) Warns such person of impending discovery or apprehension; or
     (3) Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or
     (4) Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or
     (5) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or
     (6) Provides such person with a weapon; or
     (7) Violates section 1 of this act by failing to summon assistance for a victim of such person's crime or juvenile offense.

Sec. 3   RCW 9A.76.070 and 1982 1st ex.s. c 47 s 21 are each amended to read as follows:
     (1) A person is guilty of rendering criminal assistance in the first degree if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense.
     (2) Rendering criminal assistance in the first degree is((:
     (a) A gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060;
     (b))) a class C felony ((in all other cases)).

Sec. 4   RCW 9A.76.080 and 1982 1st ex.s. c 47 s 22 are each amended to read as follows:
     (1) A person is guilty of rendering criminal assistance in the second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.
     (2) Rendering criminal assistance in the second degree is((:
     (a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060;
     (b))) a gross misdemeanor ((in all other cases)).

NEW SECTION.  Sec. 5   RCW 9A.76.060 (Relative defined) and 1975 1st ex.s. c 260 s 9A.76.060 are each repealed.

NEW SECTION.  Sec. 6   This act may be known and cited as the Joey Levick Act.