BILL REQ. #:  S-4367.1 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to worker safety at state hospitals; amending RCW 9A.36.100; and adding a new section to chapter 70.48 RCW.

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

Sec. 1   RCW 9A.36.100 and 1988 c 151 s 1 are each amended to read as follows:
     (1) A person is guilty of custodial assault if that person is not guilty of an assault in the first or second degree and where the person:
     (a) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any juvenile corrections institution or local juvenile detention facilities who was performing official duties at the time of the assault;
     (b) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any adult corrections institution or local adult detention facilities who was performing official duties at the time of the assault;
     (c)(((i))) Assaults a full or part-time community corrections officer, other full or part-time community corrections office employee, or volunteer while the officer, employee, or volunteer is performing official duties; or
     (((ii) Assaults any other full or part-time employee who is employed in a community corrections office while the employee is performing official duties; or))
     (d) Assaults ((any volunteer who was assisting a person described in (c) of this subsection)) a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any state hospital under RCW 72.23.010 who was performing official duties at the time of the assault.
     (2) Custodial assault is a class C felony.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.48 RCW to read as follows:
     A jail may not refuse to book a patient of a state hospital solely based on the patient's status as a state hospital patient, but may consider other relevant factors that apply to the individual circumstances in each case.