_______________________________________________
SUBSTITUTE
SENATE BILL 6382
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Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 02/04/00.
Protecting
dependent persons.
AN
ACT Relating to dependent persons; amending RCW 9A.42.040 and 9A.42.045; adding
a new section to chapter 9A.42 RCW; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 9A.42 RCW to read as follows:
(1)
A person is guilty of the crime of criminal mistreatment in the third degree if
the person is the parent of a child, is a person entrusted with the physical
custody of a child or other dependent person, or is a person employed to
provide to the child or dependent person the basic necessities of life, and
either:
(a)
With criminal negligence, creates an imminent and substantial risk of
substantial bodily harm to a child or dependent person by withholding any of
the basic necessities of life; or
(b)
With criminal negligence, causes substantial bodily harm to a child or
dependent person by withholding any of the basic necessities of life.
(2)
Criminal mistreatment in the third degree is a gross misdemeanor.
Sec.
2. RCW
9A.42.040 and 1986 c 250 s 4 are each amended to read as follows:
RCW
9A.42.020 ((and)), 9A.42.030, and section 1 of this act do
not apply to ((a)) decisions to withdraw life support systems
made in accordance with ((law by a health care professional and family
members or others with a legal duty to care for the patient)) chapter
7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or
others with a legal duty to care for the dependent person.
Sec.
3. RCW
9A.42.045 and 1997 c 392 s 512 are each amended to read as follows:
RCW 9A.42.020 ((and)), 9A.42.030, and section 1 of
this act do not apply when a terminally ill or permanently unconscious
person or his or her ((designee)) legal surrogate, as set forth in
chapter 7.70 RCW, requests ((palliative care)), and the
person receives, palliative care from a licensed home health agency,
hospice agency, nursing home, or hospital ((who is)) providing care
under the medical direction of a physician. As used in this section, the
terms "terminally ill" and "permanently unconscious" have
the same meaning as "terminal condition" and "permanent
unconscious condition" in chapter 70.122 RCW.
