FINAL BILL REPORT

HB 1258

                                  C 169 L 89

BYRepresentatives Scott, Patrick, Heavey, P. King, R. Meyers, Schmidt, Crane, Tate, Padden, Belcher, Inslee, Moyer, Prentice, Jacobsen, Holland, Kremen, Todd, G. Fisher, Winsley, Basich, Beck, Ballard, Baugher, Silver, Morris, Rector, Brough, Miller and Brumsickle

Making assaults on law enforcement personnel third degree assault.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The definition of third degree assault includes specific provisions regarding the assault of fire fighters and transit operators. Under circumstances which do not otherwise amount to first or second degree assault, the assault of a fire fighter or transit operator who is performing his or her official duties constitutes an assault in the third degree.  Third degree assault is a class C felony.

Concern has been expressed that the definition of third degree assault is too narrow as it applies to assault of a police officer.  The statute presently provides that an assault of a "court officer" is a third degree assault if it involves interference with an arrest or detention.

SUMMARY:

Under circumstances which do not amount to first or second degree assault, assault of a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties is a third degree assault.

VOTES ON FINAL PASSAGE:

      House 80   9

      Senate    47     0 (Senate amended)

      House 90   1 (House concurred)

EFFECTIVE:July 23, 1989