Brief Description: Penalizing assault on state employees.

Sponsors: Representatives O'Brien, Romero, Hunt, Lovick, Haigh, Conway, Armstrong, Jarrett, Lantz, Linville, Schual-Berke, Sullivan, Kenney and McDermott.

Hearing Date: 2/12/03

Staff: Jim Morishima (786-7191).

Background:

The crime of assault is divided into four degrees. An assault that would normally be considered assault in the fourth degree (a gross misdemeanor) may be elevated to assault in the third degree (a class C felony, seriousness level III) if the assault was committed against a certain class of persons. For example, an assault against a firefighter performing his or her official duties at the time of the assault is automatically assault in the third degree. Similar provisions exist for transit operators, school bus drivers, law enforcement officers, and health care providers.

Summary of Bill:

An assault that would normally be assault in the fourth degree may be elevated to assault in the third degree if the assault was committed against a state employee who was lawfully enforcing a state statute or agency rule in his or her official capacity at the time of the assault.

Appropriation: None.

Fiscal Note: Preliminary fiscal note available.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.