HOUSE BILL REPORT

EHB 752

BYRepresentatives Locke, Armstrong, P. King, Brough and Betrozoff; by request of Sentencing Guidelines Commission

Revising the definition of second degree assault.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Meyers, Padden, Patrick, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 4, 1988

BACKGROUND:

The assault statutes were rewritten in 1975 as part of the Washington Criminal Code.  The assault statutes were again rewritten in 1986 and 1987, with these changes effective July 1, 1988.  The current assault laws will be repealed when the 1986 and 1987 changes take effect.

Assault is not defined in statute; therefore, courts must look to common law (or case law) for a definition.  At common law, assault is either:  (1) causing apprehension of injury in the mind of the victim, or (2) attempting a battery.  Battery is any unauthorized touching or contact with the victim.  Courts have combined the common law definition of assault and battery for criminal assault.

Second degree assault, under both the current law and the new law effective July, 1988, applies to the committing of assault without intending serious injury if serious circumstances exist in the commission of the assault, such as using a weapon or poison, or committing a felony.

The current law requires that if no serious circumstances exist, a person committing assault must knowingly inflict serious injury for second degree assault to apply.  The new law provides that where no serious circumstances exist, second degree assault applies where serious injury results.  This is referred to as strict liability for the injury because the intended injury is not relevant.

SUMMARY:

Assault is defined in statute as:  (1) an attempt with unlawful force to inflict bodily injury, or a threatening act that a reasonable person believes would cause bodily injury, or (2) the infliction of bodily injury by unlawful physical force or contact.

The definition of second degree assault that is to take effect on July 1, 1988, is modified to make strict liability for injury where no serious circumstances exist applicable only if the victim is under 12 years old.  Where the victim is at least 12 years old, and where no serious circumstances exist, the person committing the assault must knowingly cause serious injury.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  A statutory definition of assault is added.

Fiscal Note:    Not Requested.

Effective Date:The bill takes effect on July 1, 1988.

House Committee ‑ Testified For:     David Allen, Washington Defender's Association.

House Committee - Testified Against: Mike Redman, WAPA.

House Committee - Testimony For:     Strict liability for injury, where the injury may not be intended or could even be accidental, should not be part of criminal law.  Assault should be defined in statute.

House Committee - Testimony Against: The changes made in 1986 should go into effect as scheduled.  Strict liability for serious injury should apply to everyone, not just victims under 12 years old.