HOUSE BILL REPORT

EHB 1258

As Amended by the Senate

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

Majority Report:  Do pass.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE MARCH 7, 1989

BACKGROUND:

The definition of third degree assault includes specific provisions regarding the assault of fire fighters and transit operators. Under circumstances which do not 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 regarding the definition of third degree assault as it applies to assault of a police officer.  The statute presently provides that an assault of a court officer by an individual who intends to prevent or resist arrest/detention is a third degree assault.

SUMMARY:

This bill amends the definition of third degree assault.  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.  Additionally, such assaults on a fire investigator, fire inspector, or deputy state fire marshal constitute an assault in the third degree.

EFFECT OF SENATE AMENDMENTS:  The language which modified the definition of third degree assault to include assault of a fire investigator, fire inspector, or deputy state fire marshal is deleted.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Delbert McNeal, Bremerton Police Department; Dennis Plumb, Bremerton Police Department; Larry McKeeman, Snohomish County Prosecutor; Daniel Anderson, Everett Police Department; Rick Jensen, Washington State Patrol; Charlie Marsh, Washington State Council for Police Officers; Seth Dawson, Snohomish County Prosecutor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    A number of police officers are assaulted in the line of duty.  The bill would deter assaults on police officers because the bill increases the crime to a felony offense.  The bill also created more specific language for filing charges.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 80; Nays 9; Absent 2; Excused 7

Voting Nay: Representatives Appelwick, Belcher, Braddock, Cole, Heavey, Locke, Nutley, Pruitt and Rust

Absent:     Representatives Sprenkle and K. Wilson

Excused:    Representatives Basich, Betrozoff, Brooks, Hargrove, Sayan, Schoon and Vekich.