H-4136              _______________________________________________

                                                   HOUSE BILL NO. 1711

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Hargrove, Patrick, Padden, Locke and Brough

Read first time 1/22/88 and referred to Committee on Judiciary.

AN ACT Relating to assault; amending RCW 9A.36.021; adding a new section to chapter 9A.36 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.36 RCW to read as follows:

          As used in this chapter, assault is:

          (1) An attempt to inflict bodily injury, or a threatening act which a reasonable person would believe could lead to bodily injury, along with the apparent present ability to cause the injury, and where apprehension of injury is reasonably created; or

          (2) The infliction of bodily injury by physical force or contact without the consent of the victim, including force or contact by any instrument or substance under the control of the person inflicting the bodily injury.

        Sec. 2.  Section 5, chapter 257, Laws of 1986 as amended by section 2, chapter 324, Laws of 1987 and RCW 9A.36.021 are each amended to read as follows:

          (1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:

          (a) Intentionally assaults another and ((thereby)) recklessly inflicts substantial bodily harm; or

          (b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or

          (c) Assaults another with a deadly weapon; or

          (d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or

          (e) With intent to commit a felony, assaults another; or

(f) Intentionally assaults a person under the age of twelve years and with criminal negligence inflicts substantial bodily harm.

          (2) Assault in the second degree is a class B felony.

NEW SECTION. Sec. 3.     This act shall take effect July 1, 1988.