FINAL BILL REPORT

SSB 5089

                                  C 187 L 87

BYSenate Committee on Judiciary (originally sponsored by Senators Halsan, Vognild, Talmadge, Bailey, Stratton, Newhouse, Benitz, Kreidler, Bauer, Johnson, Gaspard and Moore)

Prescribing penalties for homicide by abuse.

Senate Committee on Judiciary

House Committe on Ways & Means/Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

It has been reported that it is very difficult to obtain a conviction for murder in child abuse cases because such a conviction requires a showing that the adult involved intended to kill the child.  Even in cases involving serious abuse resulting in the death of a child, prosecutors often charge only manslaughter.

SUMMARY:

A new crime of homicide by abuse is created.  A person is guilty of this crime if, under circumstances manifesting an extreme indifference to human life, the person causes the death of someone under 16, a developmentally disabled person, or a dependent adult.  The person must have previously engaged in a pattern of assault or torture of said child or disabled or dependent person.

Dependent adult means a person who, because of physical or mental disability or advanced age, is dependent upon another person to provide the basic necessities of life.

Homicide by abuse is classified the same as murder in the first degree for purposes of sentencing under the Sentencing Reform Act.

VOTES ON FINAL PASSAGE:

      Senate    47     0

      House 98   0

EFFECTIVE:July 26, 1987