Passed by the House March 3, 2011 Yeas 97   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2011 Yeas 46   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1794 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/02/11. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to adding court-related employees to the assault in the third degree statute; and amending RCW 9A.36.031.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.36.031 and 2005 c 458 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 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) 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) Assaults a firefighter 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) With criminal negligence, causes bodily harm accompanied by
substantial pain that extends for a period sufficient to cause
considerable suffering; or
(g) 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) Assaults a peace officer with a projectile stun gun; or
(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; or
(j) Assaults a judicial officer, court-related employee, county
clerk, or county clerk's employee, while that person is performing his
or her official duties at the time of the assault or as a result of
that person's employment within the judicial system. For purposes of
this subsection, "court-related employee" includes bailiffs, court
reporters, judicial assistants, court managers, court managers'
employees, and any other employee, regardless of title, who is engaged
in equivalent functions.
(2) Assault in the third degree is a class C felony.