SENATE BILL REPORT

 

 

                                    SB 5078

 

 

BYSenators Halsan, Talmadge, Newhouse, Vognild, Deccio, West, Bauer, Johnson and Tanner

 

 

Increasing penalty for assault on juvenile corrections officers.

 

 

Senate Committee on Judiciary

 

      Senate Hearing Date(s):January 16, 1987; January 21, 1987

 

Majority Report:  That Substitute Senate Bill No. 5078 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson.

 

      Senate Staff:Carolyn J. Mayer (786-7465)

                  January 21, 1987

 

 

            AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 21, 1987

 

BACKGROUND:

 

Current law defines assault in the third degree as an assault, not amounting to an assault in the first or second degree, of (a) an officer of the court while executing any lawful process; (b) any individual with an instrument or weapon likely to produce bodily harm; (c) a transit operator while operating a transit vehicle; or (d) a fire fighter or other employee of a fire department or fire protection district who was performing his or her official duties at the time of the assault.

 

SUMMARY:

 

Juvenile corrections officers in the performance of official duties at the time of an assault are added to the list of professionals who receive special protection under the statute. Assaults on juvenile corrections officers not amounting to assault in the first or second degree constitute assault in the third degree.

 

 

EFFECT OF PROPOSED SUBSTITUTE:

 

All staff members and volunteers, personal service providers, educational personnel and vendors and their agents at any juvenile corrections institution performing official duties at the time of an assault are added to the list of individuals who receive special protection.

 

Fiscal Note:      requested

 

Senate Committee - Testified: Julian Baxter, Maple Lane School; Wally McClure, Maple Lane School; Don Roberts, Green Hill School; Edward J. Archer, Green Hill School; Teresa Heischman, Green Hill School; Brent C. Coverdell, Green Hill School; Aubrey Smith, Green Hill School; Scott Sigmon, Federation of State Employees; Mike Sivoca, Maple Lane School; Richard Barrett, Department of Juvenile Rehabilitation; Lorraine Oldenberg, Green Hill School