Behavioral health/assaults

AN ACT Relating to appropriate response to assaults by 1
individuals in behavioral health crisis; and amending RCW 9A.36.031.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 9A.36.031 and 2024 c 220 s 1 are each amended to 4
read as follows: 5
(1) A person is guilty of assault in the third degree if he or 6
she, under circumstances not amounting to assault in the first or 7
second degree: 8
(a) With intent to prevent or resist the execution of any lawful 9
process or mandate of any court officer or the lawful apprehension or 10
detention of himself, herself, or another person, assaults another; 11
or 12
(b) Assaults a person employed as a transit operator or driver, 13
the immediate supervisor of a transit operator or driver, a mechanic, 14
or a security officer, by a public or private transit company or a 15
contracted transit service provider, while that person is performing 16
his or her official duties at the time of the assault; or17
(c) Assaults a school bus driver, the immediate supervisor of a 18
driver, a mechanic, or a security officer, employed by a school 19
district transportation service or a private company under contract 20
for transportation services with a school district, while the person 21
H-0367.2
HOUSE BILL 1220
State of Washington 69th Legislature 2025 Regular Session
By Representatives Farivar, Macri, Reed, Obras, Doglio, Simmons,
Pollet, Davis, Ormsby, Salahuddin, and Hill
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1220
is performing his or her official duties at the time of the assault; 1
or 2
(d) With criminal negligence, causes bodily harm to another 3
person by means of a weapon or other instrument or thing likely to 4
produce bodily harm; or 5
(e) Assaults a firefighter or other employee of a fire 6
department, county fire marshal's office, county fire prevention 7
bureau, or fire protection district who was performing his or her 8
official duties at the time of the assault; or 9
(f) With criminal negligence, causes bodily harm accompanied by 10
substantial pain that extends for a period sufficient to cause 11
considerable suffering; or 12
(g) Assaults a law enforcement officer or other employee of a law 13
enforcement agency who was performing his or her official duties at 14
the time of the assault; or 15
(h) Assaults a peace officer with a projectile stun gun; or16
(i) Assaults a nurse, physician, or health care provider who was 17
performing his or her nursing or health care duties at the time of 18
the assault, except where the individual is detained or is pending an 19
evaluation for detention under chapter 71.05 or 71.34 RCW, or is 20
detained for behavioral health treatment under chapter 10.77 RCW, or 21
is receiving or in the process of seeking voluntary in-patient 22
behavioral health treatment. For purposes of this subsection: "Nurse" 23
means a person licensed under chapter 18.79 RCW; "physician" means a 24
person licensed under chapter 18.57 or 18.71 RCW; and "health care 25
provider" means a person certified under chapter 18.71 or 18.73 RCW 26
who performs emergency medical services or a person regulated under 27
Title 18 RCW and employed by, or contracting with, a hospital 28
licensed under chapter 70.41 RCW. Nothing in this section precludes 29
charges of assault under RCW 9A.36.011, 9A.36.021, or 9A.36.041; or30
(j) Assaults a judicial officer, court-related employee, county 31
clerk, or county clerk's employee, while that person is performing 32
his or her official duties at the time of the assault or as a result 33
of that person's employment within the judicial system. For purposes 34
of this subsection, "court-related employee" includes bailiffs, court 35
reporters, judicial assistants, court managers, court managers' 36
employees, and any other employee, regardless of title, who is 37
engaged in equivalent functions; or 38
(k) Assaults a person located in a courtroom, jury room, judge's 39
chamber, or any waiting area or corridor immediately adjacent to a 40
p. 2 HB 1220
courtroom, jury room, or judge's chamber. This section shall apply 1
only: (i) During the times when a courtroom, jury room, or judge's 2
chamber is being used for judicial purposes during court proceedings; 3
and (ii) if signage was posted in compliance with RCW 2.28.200 at the 4
time of the assault; or 5
(l) Is a licensed health care provider who implants or causes 6
another to implant the provider's own gametes or reproductive 7
material into a patient during an assisted reproduction procedure. 8
For the purposes of this subsection, "gamete" means sperm, egg, or 9
any part of a sperm or egg, and "reproductive material" means a human 10
gamete or a human organism at any stage of development from 11
fertilized ovum to embryo. 12
(2) Assault in the third degree is a class C felony.13
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p. 3 HB 1220