FINAL BILL REPORT

SHB 752

PARTIAL VETO

                                  C 266 L 88

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Armstrong, P. King, Brough and Betrozoff; by request of Sentencing Guidelines Commission)

Revising the definition of second degree assault.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The assault statutes were rewritten in 1975 as part of the Washington Criminal Code.  The assault statutes were again rewritten in 1986 and 1987, with these changes effective July 1, 1988.  The current assault laws will be repealed when the 1986 and 1987 changes take effect.

Assault is not defined in statute; therefore, courts must look to common law (case law) for a definition.  In common law assault is either causing apprehension of injury in the mind of the victim, or attempting a battery.  Battery is any unauthorized touching or contact with the victim.  Courts have combined the common law definitions of assault and battery in construing the criminal assault statutes.

Second degree assault, under both the current law and the new law effective July, 1988, includes the committing of assault without intending serious injury if serious circumstances exist in the commission of the assault, such as using a weapon or poison.

The current law requires that for second degree assault to apply, if no serious circumstances exist, a person committing assault must knowingly inflict serious injury.  The new law, which takes effect July 1, 1988, provides that even when no serious circumstances exist, second degree assault still applies whenever serious injury results.  This form of second degree assault is sometimes referred to as "strict liability" assault because the defendant's intent or lack of intent to cause injury is not relevant.

SUMMARY:

Assault is defined in statute as an attempt with unlawful force to inflict bodily injury, or a threatening act that a reasonable person believes would cause bodily injury; or the infliction of bodily injury by unlawful physical force or contact.

The definition of second degree assault that is to take effect on July 1, 1988 is modified.  When no serious circumstances exist, such as using a weapon or poison, the person committing the assault must recklessly cause serious injury to be guilty of second degree assault.

A new form of second degree assault is added.  A person can commit second degree assault by knowingly inflicting bodily harm that causes pain or agony that is the equivalent of torture.

VOTES ON FINAL PASSAGE:

      House 91   2

      Senate    33    13(Senate amended)

      House 90   1(House concurred)

EFFECTIVE:July 1, 1988

Partial Veto Summary:  The statutory definition of assault is removed.  (See VETO MESSAGE)