HOUSE BILL REPORT
ESHB 1080
As Passed Legislature
Title: An act relating to protecting dependent persons by changing the crimes of criminal mistreatment and abandonment of a dependent person.
Brief Description: Protecting dependent persons.
Sponsors: By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives McDonald, O'Brien and Morrell).
Brief History:
Criminal Justice & Corrections: 1/27/05, 2/22/05 [DPS].
Floor Activity:
Passed House: 3/14/05, 97-0.
Floor Activity:
Passed House: 1/18/06, 96-0.
Senate Amended.
Passed Senate: 3/2/06, 42-0.
House Concurred.
Passed House: 3/4/06, 97-0.
Passed Legislature.
Brief Summary of Engrossed Substitute Bill |
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HOUSE COMMITTEE ON CRIMINAL JUSTICE & CORRECTIONS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 7 members: Representatives O'Brien, Chair; Darneille, Vice Chair; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi, Kirby and Strow.
Staff: Jim Morishima (786-7191) and Kathryn Leathers (786-7114).
Background:
I. Criminal Mistreatment
In general, a person commits criminal mistreatment if he or she:
The penalty for criminal mistreatment depends on the intent of the perpetrator and the harm
caused to the victim. For example, it is criminal mistreatment in the first degree if the
perpetrator recklessly causes great bodily harm to the child or dependent person. Criminal
mistreatment in the first degree is a class B felony with a seriousness level of V.
Additionally, it is criminal mistreatment in the second degree if the person recklessly creates
an imminent and substantial risk of death or great bodily harm or recklessly causes
substantial bodily harm. Criminal mistreatment in the second degree is a class C felony with
a seriousness level of III.
II. Abandonment
In general, a person commits abandonment of a dependent person if he or she:
As with criminal mistreatment, the penalty for abandonment of a dependent person depends
on the intent of the perpetrator and the harm caused to the victim. For example, it is
abandonment of a dependent person in the first degree if the perpetrator recklessly causes
great bodily harm. Abandonment of a dependent person in the first degree is a class B felony
with a seriousness level of V.
Additionally, it is abandonment of a dependent person in the second degree if the perpetrator
recklessly creates an imminent and substantial risk of death or great bodily harm or recklessly
causes substantial bodily harm. Abandonment of a dependent person in the second degree is
a class C felony with a seriousness level of III.
Summary of Engrossed Substitute Bill:
I. Criminal Mistreatment
The circumstances under which a person can be guilty of criminal mistreatment are expanded
to include when a person who has assumed the responsibility to provide a dependent person
the basic necessities of life withholds the basic necessities of life. However, Good
Samaritans and government agencies that regularly provide care or assistance to dependant
persons are provided protection from liability for negligent acts that may rise to the level of
criminal mistreatment in the third or fourth degree.
A "Good Samaritan" is defined as "any individual or group of individuals who are not related
to the dependent person; who voluntarily provides assistance or services of any type to the
dependent person; who is not paid, given gifts, or made a beneficiary of any assets valued at
$500 or more, for any reason, by the dependent person, the dependent person's family, or the
dependent person's estate; and who does not commit or attempt to commit any other crime
against the dependent person or the dependent person's estate."
The seriousness level for criminal mistreatment in the first degree is increased from V to IX.
The seriousness level for criminal mistreatment in the second degree is increased from III to
V.
II. Abandonment
The circumstances under which a person can be guilty of abandonment of a dependent person
are expanded to include when a person who assumed the responsibility to provide a
dependent person the basic necessities of life abandons the dependent person.
The seriousness level for abandonment of a dependent person in the first degree is increased
from V to IX. The seriousness level for abandonment of a dependent person in the second
degree is increased from III to V.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill contains an emergency clause and takes effect on July 1, 2005.
Testimony For: (In support) The focus of this bill is to increase the penalties for criminal
mistreatment in the first and second degrees. Until recently, judges had the ability to impose
higher sentences so that punishment would fit the crime. However, due to the recent supreme
court decision, judges no longer have that ability.
There was a young woman who was bed-bound and was being taken care of by two state paid
care workers. When the woman was brought into a local hospital, the doctors found that she
had been suffering from 11 pressure ulcers, dehydration, and malnutrition. The defendants in
this case were charged with criminal mistreatment which is a six to 12 month sentence. An
offender who would have been sentenced for assault, which involves the same degree of great
bodily harm, would have received over a 90-month sentence.
Another case, involved an elderly man who was found barricaded in his bedroom with the
windows closed; the temperature was over 90 degrees. He was found wearing a garbage bag
for a diaper and he was also suffering from malnutrition and dehydration. The defendant in
this case was charged with criminal mistreatment in the second degree, a one to three month
sentence.
The bill does two things. First, it corrects the fact that criminal mistreatment and
abandonment have been undervalued in the Washington Sentencing Guidelines. Second, it
helps to make this crime applicable to adult victims. Criminal treatment in the past has
mainly been used to victimize children.
There have only been 13 cases of criminal treatment that have been prosecuted in the last four
years.
(Concerns) The definition of "person" needs to be amended in the bill. The language in the
bill may also need to be reworked to ensure that the language is not too broad as there will
not be any tort liability for anyone, including local agencies.
Testimony Against: None.
Persons Testifying: (In support) Representative McDonald, prime sponsor; and Page Ulrey,
King County Prosecuting Office.
(Concerns) Laverne Lamoureux, Department of Social and Health Services.