SENATE BILL REPORT

ESB 5546

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

Revising provisions relating to assault.

Senate Committee on Judiciary

Senate Hearing Date(s):February 11, 1987; February 17, 1987

Majority Report:  Do pass.

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

Senate Staff:Carolyn J. Mayer (786-7418)

                  April 24, 1987

AS PASSED SENATE, MARCH 19, 1987

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 currently difficult to obtain a first degree assault conviction in child abuse cases because such a conviction requires that the adult involved intended to inflict great bodily harm upon the child.

SUMMARY:

Assault is defined as an intentional infliction of bodily harm, an intentional, offensive touching which creates an unreasonable risk, or an intentional act which causes fear in the victim along with an apparent ability to inflict harm.

A person is guilty of assault in the first degree if he or she knowingly assaults a child under 12 years of age and inflicts great bodily harm.  The definition of "substantial bodily harm" means 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 for a substantial period of time (even if the time is lessened by medication). 

Fiscal Note:      requested

Effective Date:July 1, 1987

Senate Committee - Testified: Monica Benton, Washington Association of Prosecuting Attorneys; Representative Cantwell; Roxanne Park, Sentencing Guidelines Commission

HOUSE AMENDMENT:

The common law definition of assault is added.  Any intentional act which causes fear of immediate harm or death in another, or which inflicts bodily harm on another, or which involves an offensive touching or creates an unreasonable risk of bodily harm to another is an assault.

The definition of second degree assault imposes a strict liability standard for assaults on victims under the age of 12.  Any intentional assault on a person under 12 which causes substantial bodily harm is second degree assault whether the harm was intended or not.  Any intentional, unlawful injury inflicted upon a mother which intentionally and unlawfully causes substantial bodily harm to an unborn quick child, and any knowing infliction of substantial bodily harm upon another person is a second degree assault.

The definition of substantial bodily harm includes substantial pain.  Substantial pain is pain which extends for a period of time long enough to cause considerable suffering and must be the result of an actual injury.

The Legislature finds that current assault statutes and proposals are in need of careful review.  It is the intent of the Legislature to delay the effective date of implementation of changes in the assault statutes in order to obtain recommendations as to their desirability.  An assault law review commission is created to comprehensively review the assault statutes and report its findings and recommendations to the Legislature.  Commission members shall be appointed from the judiciary, Legislature and the legal profession.  Commission staffing shall be provided by the House of Representatives and the Senate.