Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety & Emergency Preparedness Committee |
HB 1835
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Revising the crime of assault in the first degree.
Sponsors: Representative Armstrong.
Brief Summary of Bill |
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Hearing Date: 2/15/11
Staff: Parker Howell (786-5793) and Alexa Silver (786-7190).
Background:
First-Degree Assault.
Washington law defines four degrees of criminal assault.
A person is guilty of Assault in the first degree when, with intent to inflict great bodily harm, he or she:
assaults another and inflicts great bodily harm;
assaults another with a firearm, any deadly weapon, or by any force or means likely to produce great bodily harm or death; or
administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus (HIV), or any other destructive or noxious substance.
Assault in the first degree is a class A felony with a seriousness level of XII. Washington sentencing guidelines require a sentence of not less than five years for a person convicted of first-degree Assault where the offender used force or means likely to result in death or intended to kill the victim.
Second-Degree Assault.
A person commits Assault in the second degree when he or she:
intentionally assaults another and recklessly inflicts substantial bodily harm;
assaults another with a deadly weapon or with intent to commit a felony;
with intent to inflict bodily harm, causes another to take poison or any other destructive or noxious substance;
knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture;
intentionally and unlawfully causes substantial bodily harm to an unborn quick child by injuring the mother; or
assaults another by strangulation.
Assault in the second degree is a class B felony with a seriousness level of IV.
Summary of Bill:
A person is guilty of Assault in the first degree if he or she intentionally assaults another with a deadly weapon and recklessly inflicts great bodily harm. Assault committed in this manner is a seriousness level of X.
Appropriation: None.
Fiscal Note: Requested on February 9, 2011.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.