HOUSE BILL REPORT
ESB 5546
As Amended by the House
BYSenators Talmadge, Newhouse, Bauer, Nelson, Hayner and Moore
Revising provisions relating to assault.
House Committe on Judiciary
Majority Report: Do pass with amendments. (12)
Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Hargrove, Heavey, P. King, Moyer, Niemi, Padden, Patrick, Schmidt, Scott and Wang.
House Staff:Charlie Gavigan (786-7340)
AS PASSED HOUSE APRIL 17, 1987
BACKGROUND:
The 1986 Legislature amended the definition of assault in the first and second degrees. The new definitions take effect July 1, 1987.
ASSAULT IN THE FIRST DEGREE. Under the law in effect until July 1, 1987, conviction of assault in the first degree requires proof of the intent to kill or commit a felony, plus: (1) assault with a deadly weapon or with force likely to cause death, or (2) administering a poison.
The amended law which takes effect on July 1, 1987, requires proof of the intent to inflict great bodily harm, plus: (1) assault with a deadly weapon or force likely to cause great bodily harm, (2) administering a poison, or (3) an assault that inflicts great bodily harm. Great bodily harm means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ.
Assault in the first degree is a class A felony.
ASSAULT IN THE SECOND DEGREE. Under the law in effect until July 1, 1987, conviction of assault in the second degree requires proof of: (1) administering a poison with intent to injure, (2) knowingly administering grievous bodily harm, (3) knowingly assaulting someone with an instrument likely to produce bodily harm, or (4) knowingly assaulting someone with the intent to commit a felony.
The amended law which takes effect July 1, 1987, requires proof of: (1) intentionally assaulting someone resulting in substantial bodily harm, (2) assaulting someone with a deadly weapon, (3) administering a poison intending to inflict bodily harm, or (4) assaulting someone intending to commit a felony. Substantial bodily harm is defined as 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 body part.
Assault in the second degree is a class B felony.
A person does an act "knowingly" if he or she is aware of a fact, a circumstance, or a result, or has the information which would lead a reasonable person to believe or be aware of the facts, the circumstances, or the result.
SUMMARY:
Knowingly assaulting a child under 12 and inflicting substantial bodily harm is added to the definition of second degree assault which is to take effect July 1, 1987.
It is also second degree assault under the amended law to intentionally and unlawfully cause substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother.
Substantial pain is included in the definition of substantial bodily harm. Substantial pain means serious physical pain extending for a period of time so as to cause considerable suffering. The pain must be the result of an actual injury capable of causing serious physical pain.
The 1986 amendments to the crime of assault and the changes discussed above, previously scheduled to take effect July 1, 1987, will take effect November 1, 1988. Therefore, the current law will remain in effect until November 1, 1988.
The assault law review commission is created to provide the legislature with a comprehensive examination of the current law and to what extent it should be amended. The commission is to consider, among other things, statutory definition of assault and the advisability of separate assault provisions for minors. The commission must report its findings and recommendations to the legislature by December 1, 1987.
Fiscal Note: Attached.
Effective Date:An emergency clause makes effective immediately the delay of changes scheduled to take effect July 1, 1987 and the creation of the assault law review commission. All other provisions take effect November 1, 1987.
House Committee ‑ Testified For: John Ladenburg, Washington Association of Prosecuting Attorneys; Larry McKeeman, Snohomish County Prosecuting Attorney's Office.
House Committee - Testified Against: Lynn Thompson, Washington Defenders Association.
House Committee - Testimony For: Child abuse can be prosecuted as a first degree assault if great bodily harm results from the abuse and the offender knew or should reasonably have known great bodily harm would result. By including "substantial pain" in the definition of substantial bodily harm, felonies where there is no severe injury but where severe pain occurs can be prosecuted as a second degree assault.
House Committee - Testimony Against: The definition of substantial pain is very subjective and difficult to prove. First degree assault for knowingly assaulting a child under 12 and causing great bodily harm should have exceptions listed, such as emergency medical treatment.