FINAL BILL REPORT

SSB 6255

                              C 236 L 90

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.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

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.

The identity of the victim in third degree assault cases may determine whether the assault is a class C felony or a gross misdemeanor.  An assault on a law enforcement officer, a fire fighter or a public or private transit operator becomes a class C felony if the law enforcement officer or fire fighter is performing official duties, and the transit operator is operating or in control of a transit vehicle.

SUMMARY:

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 one or more passengers.

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 96  0(House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate   46    0(Senate concurred)

EFFECTIVE:June 7, 1990