FINAL BILL REPORT

SB 5546

                                  C 324 L 87

BYSenators Talmadge, Newhouse, Bauer, Nelson, Hayner and Moore

Revising provisions relating to assault.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

It has been reported that prosecutors are unable to prosecute torture of a child as a felony offense because the definition of substantial bodily harm does not involve substantial pain.  It is also difficult to prosecute cases in circumstances where a quick child is intentionally and unlawfully assaulted by the intentional infliction of an injury to the mother.

SUMMARY:

The definition of "substantial bodily harm" is modified to mean bodily injury which involves substantial disfigurement, loss or impairment of the function of any body part or organ, a fracture of any body part, or substantial pain whether such substantial bodily harm is temporary or permanent.  Substantial pain is defined as serious physical pain lasting long enough to cause considerable suffering.  The pain must be the result of an injury capable of causing serious physical pain.  The crime of second degree assault is modified to include circumstances where an intentional, unlawful injury is inflicted upon a mother and which intentionally and unlawfully causes substantial bodily harm to an unborn, quick child.

VOTES ON FINAL PASSAGE:

      Senate    47     0

      House 95   0 (House amended)

      Senate             (Senate refused to concur)

      House              (House refused to recede)

Free Conference Committee

      House 97   0

      Senate    38     0

EFFECTIVE:May 12, 1987 (Section 3)

            July 1, 1988