5010-S.E AMS WILS S4033.2
ESSB 5010 - S AMD 483
By Senator L. Wilson
NOT CONSIDERED 01/24/2024
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 9A.42.010 and 2020 c 18 s 7 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.
(2) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
(3)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.
(4) "Child" means a person under eighteen years of age.
(5) "Controlled substance" has the same meaning as in RCW 69.50.101.
(6) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(((22)))(21), is presumed to be a dependent person for purposes of this chapter.
(((6)))(7) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.
(((7)))(8) "Good samaritan" means any individual or group of individuals who: (a) Is not related to the dependent person; (b) voluntarily provides assistance or services of any type to the dependent person; (c) is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person's family, or the dependent person's estate; and (d) does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate.
(((8)))(9) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
Sec. 2. RCW 9A.42.100 and 2005 c 218 s 4 are each amended to read as follows:
(1) A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or ((intentionally))recklessly permits a ((dependent)) child or dependent adult to ((be exposed to,)) ingest, inhale, absorb, or have contact with ((methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers.))a controlled substance other than cannabis, unless the controlled substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(2) Administering or providing a controlled substance to a child or dependent adult in the course of delivering health care services is not a violation of this section.
(3) The department of children, youth, and families and any employees, interns, volunteers, or contractors of the department acting in the scope of their role are exempt from any criminal liability within this section.
(4) Endangerment with a controlled substance is a class B felony."
On page 1, line 2 of the title, after "statute" strike the remainder of the title and insert "; amending RCW 9A.42.100; and reenacting and amending RCW 9A.42.010."
EFFECT: Expands the scope of the crime of endangerment with a controlled substance by: (1) Increasing the scope from endangerment by fentanyl, methamphetamine, and related substances to endangerment by any controlled substance other than cannabis, medications administered or provided during the delivery of health care, or medications administered or provided through prescription; (2) expanding the potential victims to children and dependent adults, instead of dependent children and dependent adults; (3) providing that the crime may be committed recklessly, instead of intentionally; and (4) prohibiting allowing the child or dependent adult to ingest, inhale, absorb, or have contact with the substance.
--- END ---