BILL REQ. #:  S-2019.3 

READ FIRST TIME 03/03/03.   

     AN ACT Relating to making an assault on a peace officer a most serious offense; amending RCW 9A.36.021; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9A.36.021 and 2001 2nd sp.s. c 12 s 355 are each amended to read as follows:
     (1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:
     (a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or
     (b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or
     (c) Assaults another with a deadly weapon; or
     (d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or
     (e) With intent to commit a felony, assaults another; or
     (f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or
     (g) Assaults a law enforcement officer who was performing his or her official duties at the time of the assault and caused bodily harm to the officer while:
     (i) Attempting to exert physical control over the officer; or
     (ii) Attempting to gain access to the officer's weapon.
     (2) Assault in the second degree is a class B felony, except that assault in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.