SENATE BILL REPORT

SB 5089

BYSenators Halsan, Vognild, Talmadge, Bailey, Stratton, Newhouse, Benitz, Kreidler, Bauer, Johnson, Gaspard and Moore

Prescribing penalties for homicide by abuse.

Senate Committee on Judiciary

Senate Hearing Date(s):January 16, 1987; January 19, 1987

Majority Report:  That Substitute Senate Bill No. 5089 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Debra Cheatum (786-7418)

                  January 19, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 19, 1987

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.  Because of this, even in cases involving serious child abuse which results in the death of a child, prosecutors often charge only manslaughter.

SUMMARY:

A person is guilty of murder in the first degree when, under circumstances manifesting an extreme indifference to the life of a child or person under 16, the person engages in a pattern or practice of assault or torture of such child and thereby causes the death of the child.

EFFECT OF PROPOSED SUBSTITUTE:

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 a person under 16, a developmentally disabled person, or a dependent adult, and the person has 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 because of extreme 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.

Fiscal Note:      none requested

Senate Committee - Testified: Monica Benton, WAPA; Margie Kranz