S-1190.1                   _______________________________________________

                                                     SENATE BILL 5566

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Winsley, M. Rasmussen and Roach

Read first time 02/03/93.  Referred to Committee on Law & Justice.

Concerning assaults on fire investigators.

          AN ACT Relating to assaults on fire investigators, fire inspectors, and deputy state fire marshals; amending RCW 9A.36.031; and prescribing penalties.

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

        Sec. 1.  RCW 9A.36.031 and 1990 c 236 s 1 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 that is owned or operated by the transit company and that is occupied by one or more passengers; 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 the driver is operating or is in control of a school bus that is occupied by one or more passengers; 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

          (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

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

          (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; or

(h) Assaults a fire investigator, fire inspector, or deputy state fire marshal employed by a county fire prevention bureau, county fire marshal's office, or the department of community development.

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

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