H-4924              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 752

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

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

Read first time 2/5/88.

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

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 with unlawful force 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 unlawful 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)) a person less than twelve years of age and thereby 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) Knowingly inflicts substantial bodily harm upon another with or without a weapon; or

(d) Knowingly assaults another with a deadly weapon; or

          (((d))) (e) 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))) (f) With intent to commit a felony, assaults another.

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

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1988.