BILL REQ. #:  H-0499.2 

Read first time 02/17/2005.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to protecting an unborn quick child from harm by the use of alcohol or any illicit drug; amending RCW 9A.42.010, 9A.42.020, and 9A.42.030; adding a new section to chapter 9A.42 RCW; prescribing penalties; and declaring an emergency.

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

Sec. 1   RCW 9A.42.010 and 1997 c 392 s 508 are each amended to read as follows:
     As used in this chapter:
     (1) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
     (2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;
     (b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
     (c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.
     (3) "Child" means a person under eighteen years of age and includes an unborn quick child.
     (4) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(((8))) (13), is presumed to be a dependent person for purposes of this chapter.
     (5) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.
     (6) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
     (7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.

Sec. 2   RCW 9A.42.020 and 1997 c 392 s 510 are each amended to read as follows:
     (1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the first degree:
     (a) If he or she recklessly, as defined in RCW 9A.08.010, causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life; or
     (b) If a mother recklessly, as defined in RCW 9A.08.010, causes great bodily harm to her unborn quick child by the use of alcohol or any illicit drug including, but not limited to, cocaine, heroin, opium, amphetamine, methamphetamine, lysergic acid diethylamide, mescaline, peyote, psilocybin, and methadone.
     (2) Criminal mistreatment in the first degree is a class B felony.

Sec. 3   RCW 9A.42.030 and 1997 c 392 s 511 are each amended to read as follows:
     (1) A parent of a child, the person entrusted with the physical custody of a child or dependent person, or a person employed to provide to the child or dependent person the basic necessities of life is guilty of criminal mistreatment in the second degree:
     (a) If he or she recklessly, as defined in RCW 9A.08.010, either (((a))) (i) creates an imminent and substantial risk of death or great bodily harm, or (((b))) (ii) causes substantial bodily harm by withholding any of the basic necessities of life; or
     (b) If a mother recklessly, as defined in RCW 9A.08.010, causes substantial bodily harm to her unborn quick child by the use of alcohol or any illicit drug including, but not limited to, cocaine, heroin, opium, amphetamine, methamphetamine, lysergic acid diethylamide, mescaline, peyote, psilocybin, and methadone.
     (2) Criminal mistreatment in the second degree is a class C felony.

NEW SECTION.  Sec. 4   A new section is added to chapter 9A.42 RCW to read as follows:
     (1) A mother is guilty of criminal mistreatment in the third degree if she causes her unborn quick child to be born addicted to any illicit drug including, but not limited to, cocaine, heroin, opium, amphetamine, methamphetamine, lysergic acid diethylamide, mescaline, peyote, psilocybin, and methadone.
     (2) The first conviction for criminal mistreatment in the third degree is a misdemeanor. The second conviction for criminal mistreatment in the third degree is a gross misdemeanor. The third and subsequent convictions for criminal mistreatment in the third degree is a class C felony. "Conviction" has the meaning as defined in RCW 9.94A.030(11).

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, morals or support of the state government and its existing public institutions, and takes effect immediately.