Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety & Emergency Preparedness Committee |
HB 1234
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: Creating the new crime of abandonment of a dependent person in the fourth degree.
Sponsors: Representatives Morrell, O'Brien, Appleton, Kelley, Ericks, Liias, Pedersen, Williams, Kenney and Moeller.
Brief Summary of Bill |
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Hearing Date: 1/28/09
Staff: Lara Zarowsky (786-7123)
Background:
In general, a person commits abandonment of a dependent person if he or she:
is the parent of a child, is a person entrusted with the physical custody of a child or dependent person, or is employed to provide a child or dependent person with the basic necessities of life; and
abandons the dependent person.
The penalty for abandonment of a dependent person depends on the intent of the perpetrator and the harm caused to the victim.
It is abandonment of a dependent person in the first degree if the perpetrator recklessly causes great bodily harm. This is a class B felony with a seriousness level of V.
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. This is a Class C felony with a seriousness level of III.
It is abandonment of a dependent person in the third degree if the perpetrator recklessly creates an imminent and substantial risk of substantial bodily harm. This is a gross misdemeanor.
All degrees of the crime of abandonment of a dependent person provide that the parent of a newborn who transfers the newborn to a qualified person under the Juvenile Court Act is not subject to criminal liability.
Summary of Bill:
The crime of abandonment of a dependent person in the fourth degree is created. The crime is a simple misdemeanor.
A person commits abandonment of a dependent person in the fourth degree if he or she:
is the parent of a child, is a person entrusted with the physical custody of a child or dependent person, or is employed to provide a child or dependent person with the basic necessities of life; and
with criminal negligence abandons the child or other dependent person; and
as a result of being abandoned, the child or other dependent person suffers risk of bodily injury.
The parent of a newborn who transfers the newborn to a qualified person under the Juvenile Court Act is not subject to criminal liability under the bill.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.