SENATE BILL REPORT

SHB 752

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Armstrong, P. King, Brough and Betrozoff; by request of Sentencing Guidelines Commission)

Revising the definition of second degree assault.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 25, 1988

Majority Report:     Do pass as amended.

     Signed by Senators Halsan, Madsen, Nelson, Newhouse, Niemi.

Senate Staff:Jeanne Cushman Scott (786-7461)

                February 26, 1988

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

BACKGROUND:

The assault statutes were rewritten in 1975 as part of the Washington Criminal Code, and again in 1986 and 1987, with these changes effective July 1, 1988.  The current assault laws will be repealed when the 1986 and 1987 changes take effect.

Assault is not defined in statute; therefore, courts must look to common law (or case law) for a definition.  At common law, assault is either:  (1) causing apprehension of injury in the mind of the victim, or (2) attempting a battery.  Battery is any unauthorized touching or contact with the victim.  Courts have combined the common law definition of assault and battery for criminal assault.

Second degree assault, under both the current law and the new law effective July, 1988, applies to the committing of assault without intending serious injury if serious circumstances exist in the commission of the assault, such as using a weapon or poison, or committing a felony.

The law requires that if no serious circumstances exist, a person must knowingly inflict serious injury for second degree assault to apply.  The new law provides that where no serious circumstances exist, second degree assault applies where serious injury results.  This is referred to as strict liability for the injury because the intended injury is not relevant.

SUMMARY:

Assault is defined in statute as:  (1) an attempt with unlawful force to inflict bodily injury, or a threatening act that a reasonable person believes would cause bodily injury, or (2) the infliction of bodily injury by unlawful physical force or contact.

The definition of second degree assault that is to take effect on July 1, 1988, is modified to make strict liability for injury where no serious circumstances exist applicable only if the victim is under 12 years old.  Where the victim is at least 12 years old, and where no serious circumstances exist, the person committing the assault must knowingly cause serious injury.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The definition of second degree assault effective July 1, 1988 is modified.  The element of "recklessly" is added such that a person is guilty of second degree assault if they intentionally assault another and thereby recklessly inflict substantial bodily harm.  A provision for torture is added such that a person is guilty of second degree assault if they knowingly inflict bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Effective Date:The bill takes effect on July 1, 1988.

Senate Committee - Testified:   Representative Gary Locke, original sponsor; Professor John Junker, UW Law School; Roy Howsen, Washington Defenders Association; Mike Redman, WAPA