SENATE BILL REPORT

EHB 1258

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

Senate Hearing Date(s):March 20, 1989; March 23, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; Nelson, Newhouse, Niemi, Rasmussen, Talmadge.

Senate Staff:Dick Armstrong (786-7460)

                  March 23, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 23, 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:

The definition of third degree assault is amended.  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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENT:

Provisions of the bill relating to fire investigators, fire inspectors, and deputy state fire marshals are deleted.  Assaults on such persons remain a gross misdemeanor.

Senate Committee - Testified: PRO:  Dan Anderson, Everett Police Department; Alan Wallis, WASPC; Rick Jensen, WSP; Charles Marsh, Council of Police; Eugene St. John, Washington Public Employees Association; Robert Shilling, Seattle Police Officers' Guild; Sam Kinville, Washington State Council of City Employees