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                                         SUBSTITUTE SENATE BILL NO. 5824

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                                                            AS AMENDED BY THE HOUSE

                                                                            C 188 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Judiciary (originally sponsored by  Senators Halsan, Nelson, Talmadge and Bauer)

Read first time 2/24/87.

AN ACT Relating to assault at state corrections institutions and local detention facilities; amending RCW 9A.36.041; adding a new section to chapter 9A.36 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.36 RCW 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; or

          (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.

          (2) Custodial assault is a class C felony.

        Sec. 2.  Section 7, chapter 257, Laws of 1986 and RCW 9A.36.041 are each amended to read as follows:

          (1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.

          (2) Assault in the fourth degree is a gross misdemeanor.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.

                                                                                                                           Passed the Senate April 14, 1987.

                                                                                                                                       President of the Senate.

                                                                                                                             Passed the House April 9, 1987.

                                                                                                                                         Speaker of the House.