Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

SB 6011

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 random assaults.

Sponsors: Senators Padden, Pearson, Hewitt, Brown and O'Ban.

Brief Summary of Bill

  • Elevates a random assault of a person without any prior physical or verbal contact in a public place to Assault in the third degree.

Hearing Date: 2/25/14

Staff: Sarah Koster (786-7303).

Background:

The term assault is defined in common law as: (1) intentionally and unlawfully touching another; (2) intentionally attempting with unlawful force to inflict bodily injury upon another; or (3) intentionally placing another in reasonable fear of physical harm.

A person commits the crime of Assault in the first degree if that person, with intent to inflict great bodily harm: (1) assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; (2) administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus (HIV), or any other destructive or noxious substance; or (3) assaults another and inflicts great bodily harm.

Assault in the first degree is a class A felony ranked at level 12 with a standard range of 93–123 months for a first offense.

A person commits the crime of Assault in the second degree, that person, under circumstances not amounting to Assault in the first degree: (1) intentionally assaults another, recklessly inflicting substantial bodily harm; (2) intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; (3) assaults another with a deadly weapon; (4) with intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; (5) with intent to commit a felony, assaults another; (6) knowingly inflicts bodily harm which by design causes such pain or agony as to be equivalent to that produced by torture; or (7) assaults another by strangulation or suffocation.

Assault in the second degree is a class B felony ranked at level four with a standard range of three to nine months for a first offense.

A person commits the crime of Assault in the third degree if that person, under circumstances not amounting to Assault in the first or second degree: (1) assaults another with intent to prevent or resist the execution of any lawful process or mandate of a court officer, or the lawful apprehension or detention or himself, herself, or another person; (2) assaults a transit worker; (3) assaults a school transportation employee; (4) with criminal negligence, causes bodily harm to another person by means of a weapon or instrument likely to produce bodily harm; (5) assaults a firefighter or fire department employee; (6) with criminal negligence, causes bodily harm accompanied by substantial pain causing considerable suffering; (7) assaults a law enforcement officer or police department employee; (8) assaults a peace officer with a projectile stun gun; (9) assaults a nurse, physician, or health care worker; (10) assaults a judicial officer or court-related employee; or (11) assaults a person located in a courtroom, jury room, judge's chamber, or waiting area adjacent to such a room during a time when the room is being used for judicial purposes during court proceedings and proper signage is displayed.

Assault in the third degree is a class C felony ranked at a level three with a standard range of one to three months for a first offense, except if the offense was Assault of a Peace Officer with a Projectile Stun Gun which is ranked at level four.

A person commits the crime of Assault in the fourth degree if, under circumstances not amounting to Assault in the first, second, or third degree or custodial assault, that person assaults another.

Assault in the fourth degree is a gross misdemeanor with a maximum permissible sentence of 364 days in jail and a $5,000 fine.

Summary of Bill:

A person is guilty of Assault in the third degree if that person, under circumstances not amounting to Assault in the first or second degree, assaults another person randomly without any prior physical or verbal contact in a public place.

Appropriation: None.

Fiscal Note: Not requested.

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