S-4469               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6255

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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

Read first time 1/22/90.

AN ACT Relating to assault of a transit or school bus operator or driver; and amending RCW 9A.36.031.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 6, chapter 257, Laws of 1986 as last amended by section 1, chapter 169, Laws of 1989 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)) in the course of his or her employment; or

          (c) Assaults a school bus driver employed by a school district or a private company under contract for transportation services with a school district while that person is in the course of his or her employment; or

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

          (((f))) (g) 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.