Assault of transit employee

AN ACT Relating to assaults committed against transit employees 1
or contractors; 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 or working pursuant to a contract with a 15
public or private transit company or a contracted transit service 16
provider, while that person is performing his or her official duties 17
at the time of the assault; or 18
(c) Assaults a ((school bus driver, the immediate supervisor of a 19
driver, a mechanic, or a security officer, )) person employed by or 20
working pursuant to a contract with a school district transportation 21
H-1410.1
HOUSE BILL 1989
State of Washington 69th Legislature 2025 Regular Session
By Representatives Rule, Salahuddin, Zahn, Walen, Santos, Parshley,
Pollet, Bronoske, and Fosse
Read first time 02/17/25. Referred to Committee on Community Safety.
p. 1 HB 1989
service or a private company under contract for transportation 1
services with a school district, while the person is performing his 2
or her official duties at the time of the assault; or3
(d) With criminal negligence, causes bodily harm to another 4
person by means of a weapon or other instrument or thing likely to 5
produce bodily harm; or 6
(e) Assaults a firefighter or other employee of a fire 7
department, county fire marshal's office, county fire prevention 8
bureau, or fire protection district who was performing his or her 9
official duties at the time of the assault; or 10
(f) With criminal negligence, causes bodily harm accompanied by 11
substantial pain that extends for a period sufficient to cause 12
considerable suffering; or 13
(g) Assaults a law enforcement officer or other employee of a law 14
enforcement agency who was performing his or her official duties at 15
the time of the assault; or 16
(h) Assaults a peace officer with a projectile stun gun; or17
(i) Assaults a nurse, physician, or health care provider who was 18
performing his or her nursing or health care duties at the time of 19
the assault. For purposes of this subsection: "Nurse" means a person 20
licensed under chapter 18.79 RCW; "physician" means a person licensed 21
under chapter 18.57 or 18.71 RCW; and "health care provider" means a 22
person certified under chapter 18.71 or 18.73 RCW who performs 23
emergency medical services or a person regulated under Title 18 RCW 24
and employed by, or contracting with, a hospital licensed under 25
chapter 70.41 RCW; or 26
(j) Assaults a judicial officer, court-related employee, county 27
clerk, or county clerk's employee, while that person is performing 28
his or her official duties at the time of the assault or as a result 29
of that person's employment within the judicial system. For purposes 30
of this subsection, "court-related employee" includes bailiffs, court 31
reporters, judicial assistants, court managers, court managers' 32
employees, and any other employee, regardless of title, who is 33
engaged in equivalent functions; or 34
(k) Assaults a person located in a courtroom, jury room, judge's 35
chamber, or any waiting area or corridor immediately adjacent to a 36
courtroom, jury room, or judge's chamber. This section shall apply 37
only: (i) During the times when a courtroom, jury room, or judge's 38
chamber is being used for judicial purposes during court proceedings; 39
p. 2 HB 1989
and (ii) if signage was posted in compliance with RCW 2.28.200 at the 1
time of the assault; or 2
(l) Is a licensed health care provider who implants or causes 3
another to implant the provider's own gametes or reproductive 4
material into a patient during an assisted reproduction procedure. 5
For the purposes of this subsection, "gamete" means sperm, egg, or 6
any part of a sperm or egg, and "reproductive material" means a human 7
gamete or a human organism at any stage of development from 8
fertilized ovum to embryo. 9
(2) Assault in the third degree is a class C felony.10
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p. 3 HB 1989