SB 5280 — Making crimes and threats against persons because of their occupation as a law enforcement officer a hate crime.

S-0187.1SENATEENGROSSED SENATE BILL 5280State of Washington65th Legislature2017 Regular SessionBy Senators Honeyford, Rivers, Becker, Sheldon, Brown, Angel, Miloscia, Warnick, Padden, Bailey, and WilsonRead first time 01/19/17.

amending RCW 9A.36.078, 9A.36.080, 9A.46.060, 9A.36.031, and 36.28A.030;

and(((38))) (39) Unlawful discharge of a laser in the second degree (RCW 9A.49.030).Sec. 4.  RCW 9A.36.03136.28A.030 and 20131993 c 256127 s 14 are each amended to read as follows:(1) AThe personWashington isassociation guilty of assaultsheriffs inand thepolice thirdchiefs degreeshall ifestablish heand ormaintain she,a undercentral circumstancesrepository notfor amounting to assault in the firstcollection orand secondclassification degree:(a) With intent to prevent or resist the execution of anyinformation lawfulregarding processviolations or mandate of anyRCW court9A.36.080. officer or the lawful apprehension or detention of himself, herself, or another person, assaults another;

or(b) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering;

or(c) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault;

or(d) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault;

or(((c))) (e) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is performing his or her official duties at the time of the assault;

or(((d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm;

or(e))) (f) Assaults a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault;

or(((f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering;

or(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault;

or(h))) (g) Assaults a peace officer with a projectile stun gun;

or(((i))) (h) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault.

For purposes of this subsection:

"Nurse" means a person licensed under chapter 18.79 RCW;

"physician" means a person licensed under chapter 18.57 or 18.71 RCW;

and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW;

or(((j))) (i) Assaults a judicial officer, court-related employee, county clerk, or county clerk's employee, while that person is performing his or her official duties at the time of the assault or as a result of that person's employment within the judicial system.

For purposes of this subsection, "court-related employee" includes bailiffs, court reporters, judicial assistants, court managers, court managers' employees, and any other employee, regardless of title, who is engaged in equivalent functions;

or(((k))) (j) Assaults a person located in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber.

This section shall apply only:

(i) During the times when a courtroom, jury room, or judge's chamber is being used for judicial purposes during court proceedings;

and (ii) if signage was posted in compliance with RCW 2.28.200 at the time of the assault.(2) Assault in the third degree is a class C felony.Sec. 5.  RCW 36.28A.030 and 1993 c 127 s 4 are each amended to read as follows:(1) The Washington association of sheriffs and police chiefs shall establish and maintain a central repository for the collection and classification of information regarding violations of RCW 9A.36.080.

The association must summarize the information received and file an annual report with the governor and the senate law and justice committee and the house of representatives judiciary committee.(3) The association shall disseminate the information according to the provisions of chapters 10.97 and 10.98 RCW, and all other confidentiality requirements imposed by federal or Washington law.NEW SECTION.  Sec. 6.  ThisSECTION.  Sec. 5.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.--- END ---