SENATE BILL REPORT

SB 6147

BYSenators Pullen, Niemi, Rasmussen, Craswell and Nelson

Revising the criminal definition of "substantial bodily harm."

Senate Committee on Law & Justice

Senate Hearing Date(s):January 19, 1988; January 25, 1988

Majority Report:  That Substitute Senate Bill No. 6147 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Jeanne Cushman Scott (786-7461)

                  January 28, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 25, 1988

BACKGROUND:

In the 1986 and 1987 sessions, the Legislature passed two bills amending the assault statutes.  The amendments included a delayed implementation date of July 1, 1988 to allow time for interested parties to study the new statutes and report back to the Legislature.

SUMMARY:

In the definitions section of the Washington criminal code, "substantial bodily harm" is modified to mean bodily harm which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.  The definition of "substantial pain" is omitted.

EFFECT OF PROPOSED SUBSTITUTE:

Second degree assault is modified.  Persons who knowingly inflict bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture are guilty of second degree assault.

Third degree assault is modified.  A person is guilty of third degree assault if with criminal negligence they cause bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Mike Redman, WAPA; Scott Reiman, Public Defenders Association