S-3853 _______________________________________________
SENATE BILL NO. 6255
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Senators Nelson, Talmadge, Bailey, Anderson, Hayner, Johnson, Sutherland, McCaslin, Warnke and Patrick
Read first time 1/10/90 and referred to Committee on Law & Justice.
AN ACT Relating to assault of a transit or school bus operator or driver; amending RCW 9A.36.031; and reenacting and amending RCW 9A.36.021.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 257, Laws of 1986 as last amended by section 2, chapter 158, Laws of 1988, section 916, chapter 206, Laws of 1988 and by section 2, chapter 266, Laws of 1988 and RCW 9A.36.021 are each reenacted and amended to read as follows:
(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:
(a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or
(b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or
(c) Assaults another with a deadly weapon; or
(d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison, the human immunodeficiency virus as defined in chapter 70.24 RCW, or any other destructive or noxious substance; or
(e) With intent to inflict bodily harm, exposes or transmits human immunodeficiency virus as defined in chapter 70.24 RCW; or
(f) With intent to commit a felony, assaults another; or
(g) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or
(h) 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
(i) 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 operating or is in control of a school bus.
(2) Assault in the second degree is a class B felony.
Sec. 2. 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.