H-4344              _______________________________________________

                                                   HOUSE BILL NO. 1978

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Patrick

Read first time 2/3/88 and referred to Committee on Judiciary.

AN ACT Relating to the protection of unborn children; amending RCW 9A.42.010, 9A.42.020, and 9A.42.030; repealing RCW 9A.42.040; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

        Sec. 2.  Section 1, chapter 250, Laws of 1986 and RCW 9A.42.010 are each amended to read as follows:

          As used in this chapter:

          (1) "Basic necessities of life" means food, shelter, clothing, and health care.

          (2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;

          (b) "Substantial bodily harm" means bodily injury 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;

          (c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.

          (3) "Child" means a person under eighteen years of age and includes an unborn quick child.

          (4) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life.

          (5) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.

        Sec. 3.  Section 2, chapter 250, Laws of 1986 and RCW 9A.42.020 are each amended to read as follows:

          (1) A parent of a child or the person entrusted with the physical custody of a child or dependent person is guilty of criminal mistreatment in the first degree if he or she recklessly causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life, or if a mother recklessly causes great bodily harm to her unborn quick child by the use of any drug, including alcohol, or any tobacco product, or the acquisition of any sexually transmitted disease including acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV).

          (2) Criminal mistreatment in the first degree is a class B felony.

        Sec. 4.  Section 3, chapter 250, Laws of 1986 and RCW 9A.42.030 are each amended to read as follows:

          (1) A parent of a child or the person entrusted with the physical custody of a child or dependent person is guilty of criminal mistreatment in the second degree if he or she recklessly either (a) creates an imminent and substantial risk of death or great bodily harm, ((or)) (b) causes substantial bodily harm by withholding any of the basic necessities of life, or (c) if a mother recklessly causes substantial bodily harm to her unborn quick child by the use of any drug, including alcohol, or any tobacco product, or the acquisition of any sexually transmitted disease including acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV).

          (2) Criminal mistreatment in the second degree is a class C felony.

NEW SECTION. Sec. 5.  Section 4, chapter 250, Laws of 1986 and RCW 9A.42.040 are each repealed.