ENGROSSED HOUSE BILL NO. 1258


                                                           AS AMENDED BY THE SENATE


                                                                            C 169 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives 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



Read first time 1/18/89 and referred to Committee on Judiciary.



AN ACT Relating to assaults on law enforcement agency personnel and certain fire officials and personnel; amending RCW 9A.36.031; and prescribing penalties.




        Sec. 1.  Section 6, chapter 257, Laws of 1986 as amended by section 3, chapter 158, Laws of 1988 and RCW 9A.36.031 are each amended to read as follows:

          (1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:

          (a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or

          (b) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is operating or is in control of a vehicle owned or operated by the transit company; or

          (c) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

          (d) Assaults a fire fighter or other employee of a fire department or fire protection district who was performing his or her official duties at the time of the assault; or

          (e) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or

          (f) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault.

          (2) Assault in the third degree is a class C felony.

                                                                                                                           Passed the House April 15, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                             Passed the Senate April 4, 1989.


                                                                                                                                       President of the Senate.