Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Public Safety & Emergency Preparedness Committee

HB 2119


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Increasing penalties for acts of domestic violence involving strangulation.

Sponsors: Representatives Lovick, Priest, Lantz, Rodne, Upthegrove, P. Sullivan, Eddy, Ericks, Pearson, Hudgins, Kelley and Ormsby; by request of Attorney General.

Brief Summary of Bill
  • Makes assault by strangulation automatically Assault in the second degree.

Hearing Date: 2/26/07

Staff: Jim Morishima (786-7191).

Background:

A person commits Assault if he or she (a) attempts, with unlawful force, to inflict bodily injury upon another; (b) unlawfully touches another person with criminal intent; or (c) puts another person in apprehension of harm. State v. Stevens, 158 Wn.2d 304, 310 (2006). The crime is divided into four degrees depending on the manner in which it was committed or the amount of harm caused to the victim.

For example, a person is guilty of Assault in the first degree if he or she, with the intent to inflict great bodily harm:

Assault in the first degree is a class A felony with a seriousness level of XII.

A person is guilty of Assault in the second degree if he or she, under circumstances not amounting to Assault in the first degree:

Assault in the second degree is a class B felony with a seriousness level of IV (the crime is a class A felony if committed with sexual motivation).

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:

Assault in the third degree is a class C felony with a seriousness level of III.

A person is guilty of Assault in the fourth degree if he or she assaults another under circumstances not amounting to Assault in the first, second, or third degrees. Assault in the fourth degree is a gross misdemeanor.

Summary of Bill:

A person is guilty of Assault in the second degree if he or she, under circumstances not amounting to Assault in the first degree, assaults another by strangulation. "Strangulation" is defined as compressing a person's neck, thereby obstructing the person's blood flow or ability to breathe, or compressing a person's neck with the intent to obstruct the person's blood flow or ability to breathe.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.