5002‑S AMH STER PICU 51

SSB 5002 ‑ H AMD 474

By Representatives Sterk, Cody and others

     Strike everything after the enacting clause and insert the following:

     "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 nurse or a physician who was performing, rendering or administering emergency medical care at the time of the assault.  For purposes of this subsection, "nurse" means a person licensed under chapter 18.79 RCW.  For purposes of this subsection, "physician" means a person licensed under chapter 18.71 RCW.

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

NEW SECTION. Sec. 2. It is the intent of the legislature that RCW 9A.36.031(1)(h) not be construed to affect the law regarding  the criminal liability of insane persons or persons incompetent to stand trial."

     Correct the title accordingly.

EFFECT: Provides  that assault of a nurse of physician is a felony offense.

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