H-1449.1  _______________________________________________

                          HOUSE BILL 1882

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Lambert, Edwards and Carrell

Read first time 02/09/1999.  Referred to Committee on Criminal Justice & Corrections.

Amending definition of third degree assault.

    AN ACT Relating to assaults upon persons performing public service; 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 1998 c 94 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 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 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))) (b) 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.))

(c) Assaults a person who is employed by a public entity or by a private entity on contract to a public entity to provide or perform a public service while that person is in the performance of the person's official duties; or

(d) Assaults a person who is employed to provide any medical or health care service, treatment, or care while that person is in the performance of the person's official duties.

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

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