_______________________________________________

                    ENGROSSED SENATE BILL 5499

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Roach, Johnson, Goings, Jacobsen, Haugen, Horn, Zarelli, McCaslin, Long, Franklin, Winsley, Oke and Rasmussen

Read first time 01/29/97.  Referred to Committee on Law & Justice.

Defining when an assault on a bus driver constitutes assault in the third degree.

    AN ACT Relating to assault on bus drivers; 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 1997 c 172 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)) performing his or her official duties at the time of the assault; 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)) performing his or her official duties at the time of the assault; 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, county fire marshal's office, county fire prevention bureau, 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, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault.  For purposes of this subsection:  "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW.

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

                            --- END ---