SENATE BILL REPORT

HB 1280

BYRepresentatives Braddock, Brooks, Sprenkle, Crane, May and P. King; by request of Department of Corrections

Revising the crime of custodial assault.

House Committe on Health Care

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 18, 1988; February 24, 1988

Majority Report:  Do pass.

      Signed by Senators Deccio, Chairman; Kreidler, Niemi, West, Wojahn.

Senate Staff:Dee Knapp (786-7452)

                  February 24, 1988

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 24, 1988

BACKGROUND:

Law provides for an elevated level of crime and punishment when an assault occurs against a worker in a state corrections facility or a local detention facility who is performing official duties.  The crime is defined as custodial assault, which is classified as a class C felony.  This is one level above the crime of simple assault which applied formerly unless a weapon or grievous bodily harm was involved. 

The definition of custodial assault does not extend to include assaults against community corrections officers or juvenile probation counselors while they are performing their official duties including supervising the offenders in the community. Proponents of the bill believe that an assault against these workers should be punished in the same manner as an assault against those who work in facilities where the offenders are confined.

SUMMARY:

The definition of custodial assault is extended to include assaults of a full or part-time community corrections officer, juvenile probation officer or volunteer assisting them while the officer or volunteer is performing official duties.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Representative Braddock, (pro); Larry Fehr, Washington Council on Crime and Delinquency (pro)