SENATE BILL REPORT

EHB 752

BYRepresentatives 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 Judiciary

Senate Hearing Date(s):March 25, 1987; April 2, 1987

Majority Report:     Do pass as amended.

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

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

                April 2, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, APRIL 2, 1987

BACKGROUND:

The law regarding second degree assault was changed in 1986, but this change will not take effect until July, 1987.  Two significant changes in second degree assault were made in the 1986 law.

First, current law generally requires an offender to know his assault will result in grievous bodily harm, or to knowingly assault someone with the intent to commit a felony.  The law in July, 1987 will be that a person commits second degree assault if the person intends to assault someone and substantial bodily harm results (even if the offender did not intend to hurt the victim).

Second, current law requires that an offender knowingly assault someone with a weapon or instrument likely to cause injury.  In July, 1987, an assault with a deadly weapon will be a second degree assault, even if the offender did not know he was assaulting the victim.

SUMMARY:

An intentional assault that causes substantial bodily harm is a second degree assault if the person assaulted is under 12 years old.  This is the case even if the offender did not intend to cause substantial bodily injury.

A person who knowingly inflicts substantial bodily harm, with or without a weapon, also commits a second degree assault, regardless of the age of the victim.

Second degree assault also includes intentionally and unlawfully causing substantial bodily harm to an unborn child by intentionally and unlawfully injuring the mother.

SUMMARY OF PROPOSED SENATE AMENDMENT:

An intentional assault against anyone causing substantial bodily harm is a second degree assault, regardless of the victim's age or the offender's intent to cause injury.  "Substantial bodily pain" is defined as lasting physical pain or pain which would have lasted if it had not been relieved by medication or treatment.

Fiscal Note:    requested

Senate Committee - Testified:   Roxanne Park, Sentencing Guidelines Commission; Monica Benton, Washington Association of Prosecuting Attorneys; Roy Housen, Washington Defender Association