HOUSE BILL REPORT

SSB 6255

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Talmadge, Bailey, Anderson, Hayner, Johnson, Sutherland, McCaslin, Warnke and Patrick)

Increasing penalties for assaulting transit and school bus drivers.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

The crime of assault is divided into four degrees.  First and second degree assault are class A and B felonies, respectively, and generally involve the infliction of serious bodily harm, or the use of a weapon.

Third degree assault is a class C felony.  Any assault that does not amount to a first, second, or third degree assault, is classified as fourth degree assault which is a gross misdemeanor.

Several of the forms of third degree assault depend not on the degree of injury inflicted, but the identity of the victim for their inclusion as a class C felony rather than as a gross misdemeanor.  Among those victims upon whom an assault may automatically amount to a class C felony are law enforcement officers, fire fighters, and public or private transit operators. In order for this provision to apply, however, law enforcement officers and fire fighters must be performing official duties and transit operators must be operating or in control of a transit vehicle.

SUMMARY:

BILL AS AMENDED:  The provision in the assault statute that makes assault of a transit operator a class C felony is altered in two ways. First, the provision is expanded to cover public school district school bus drivers.  Second, a requirement is added that the bus be occupied by passengers before an otherwise misdemeanor assault becomes a felony.

AMENDED BILL COMPARED TO ORIGINAL:  The amendment restores the requirement that the driver be operating the bus.  The substitute bill requires only that the assault occur while the driver is in the course of employment.  The amendment adds the requirement that the bus be occupied by passengers.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Don Heyrich, Amalgamated Transit Union; Dick Randall, Public School Employees; and Sharyn Parker, METRO.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    Expansion of this protection to school bus drivers is important.  Sometimes drivers have been assaulted by the angry parents of students.

House Committee - Testimony Against:      None.