BILL REQ. #:  H-1805.2 

Read first time 02/22/2005.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to increasing penalties for assaulting or injuring a transportation worker; amending RCW 9A.36.031 and 46.63.020; adding a new section to chapter 46.61 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 46.61 RCW to read as follows:
     (1) Any person who drives a vehicle in a willful or wanton disregard for the safety of, and injures, a person employed by the department of transportation who is engaged in highway construction or maintenance along a roadway right-of-way (fence line to fence line, landscaped areas) or in the loading and unloading of passenger vehicles in service of the vessel as a maritime employee not covered under chapter 51.32 RCW or engaged in those work activities as a Washington state ferries terminal employee covered under chapter 51.32 RCW, at the time of the incident is guilty of reckless driving that injures a transportation worker. Violation of this section is a class C felony punishable under chapter 9A.20 RCW.
     (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving that injures a transportation worker shall be suspended by the department for not less than ninety days.

Sec. 2   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 person employed by the department of transportation who is engaged in highway construction or maintenance along a roadway right-of-way (fence line to fence line, landscaped areas), or in the loading and unloading of passenger vehicles in service of the vessel as a maritime employee not covered under chapter 51.32 RCW or engaged in those work activities as a Washington state ferries terminal employee covered under chapter 51.32 RCW, at the time of the assault; or
     (d) 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))) (e) 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))) (f) 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))) (g) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
     (((g))) (h) 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))) (i) 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. 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.

Sec. 3   RCW 46.63.020 and 2004 c 95 s 14 are each amended to read as follows:
     Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
     (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
     (2) RCW 46.09.130 relating to operation of nonhighway vehicles;
     (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
     (4) RCW 46.10.130 relating to the operation of snowmobiles;
     (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;
     (6) RCW 46.16.010 relating to initial registration of motor vehicles;
     (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
     (8) RCW 46.16.160 relating to vehicle trip permits;
     (9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
     (10) RCW 46.20.005 relating to driving without a valid driver's license;
     (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
     (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
     (14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's license;
     (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
     (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;
     (18) RCW 46.25.170 relating to commercial driver's licenses;
     (19) Chapter 46.29 RCW relating to financial responsibility;
     (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
     (23) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (24) RCW 46.48.175 relating to the transportation of dangerous articles;
     (25) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (26) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (27) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
     (28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
     (29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (30) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (31) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;
     (32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (33) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (35) RCW 46.61.500 relating to reckless driving;
     (36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (39) RCW 46.61.522 relating to vehicular assault;
     (40) RCW 46.61.5249 relating to first degree negligent driving;
     (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (42) Section 1 of this act relating to reckless driving that injures a transportation worker;
     (43) RCW 46.61.530 relating to racing of vehicles on highways;
     (((43))) (44) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (((44))) (45) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (((45))) (46) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (((46))) (47) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (((47))) (48) Chapter 46.65 RCW relating to habitual traffic offenders;
     (((48))) (49) RCW 46.68.010 relating to false statements made to obtain a refund;
     (((49))) (50) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
     (((50))) (51) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (((51))) (52) RCW 46.72A.060 relating to limousine carrier insurance;
     (((52))) (53) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (((53))) (54) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (((54))) (55) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (((55))) (56) Chapter 46.82 RCW relating to driver's training schools;
     (((56))) (57) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
     (((57))) (58) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.