| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to appropriate response to assaults by individuals in behavioral health crisis; |
| Bill Description | Concerning appropriate response to assaults by individuals in behavioral health crisis. |
|
What this bill does
Powered by Legitron |
House Bill 1220 (prefiled 01/09/25) amends RCW 9A.36.031, the statute defining third-degree assault, by adding a list of specific circumstances that constitute third-degree assault. The added circumstances cover assaults to prevent or resist lawful process or apprehension; assaults on transit and school bus personnel while on duty; assaults on firefighters and fire department employees while on duty; assaults on law enforcement employees while on duty (including assault with a projectile stun gun); causing bodily harm by means of a weapon or by criminal negligence; causing substantial pain with criminal negligence; assaults on nurses, physicians, and certain health care providers while they are performing clinical duties (with specified exceptions); assaults on judicial officers and court-related employees while performing duties; assaults on persons located in courtrooms or related spaces when used for judicial purposes and properly posted; and a specific provision making it third-degree assault for a licensed health care provider to implant or cause another to implant the provider’s own gametes or reproductive material into a patient during an assisted reproduction procedure. Subsection (2) continues to classify third-degree assault as a class C felony.
The amendment includes definitions used in the new subsections: "nurse," "physician," and "health care provider" for the health-care-related assault provision; "gamete" and "reproductive material" for the assisted reproduction provision; and a definition of "court-related employee." The courtroom provision applies only when judicial spaces are in use for proceedings and signage required by RCW 2.28.200 was posted at the time of the assault. The health-care assault subsection excludes situations where the individual is detained or pending evaluation or detention under chapters 71.05, 71.34, or 10.77 RCW, or is receiving or seeking voluntary in‑patient behavioral health treatment.
Legally, this bill modifies existing law by expanding the categories and circumstances that constitute the crime of third-degree assault (i.e., adds new aggravating or qualifying circumstances and a specific health‑care-related offense); it does not change the stated penalty class for the offense. The extracted text does not contain legislative findings, a definition of "behavioral health crisis," procedural rules for "appropriate response," fiscal information, or the referenced 2024 provision being amended, so those elements are unclear or not provided here.
|
|
Why it matters
Powered by Legitron |
If enacted, the bill makes a wider set of on-the-job assaults—against transit and school bus operators and their crews, firefighters and related fire personnel, law enforcement and court staff, certain health care workers while performing duties, people in courtrooms during proceedings, and a new specific offense where a licensed provider implants their own gametes into a patient—eligible for prosecution as third-degree assault, a class C felony. That means prosecutors can more often seek felony charges in those situations, employers of those workers may see stronger criminal deterrence and potential support for workplace safety claims, and courts must have posted signage for the courtroom-related protection to apply. The bill also excludes assaults on health care workers when the assailant is detained, under evaluation/detention under the cited behavioral health statutes, or receiving or seeking voluntary inpatient behavioral health treatment, so some incidents involving behavioral health crises may not carry the enhanced criminal charge.
Those most affected are transit agencies, school districts, fire and law enforcement agencies, hospitals and licensed health providers, court systems, and patients of assisted reproduction clinics; they may face more criminal cases to report or respond to, and providers could face new criminal liability risks in assisted reproduction contexts. Prosecutors and law enforcement may see increased caseloads and related costs, while employers may experience a modest increase in legal and human resources activity around incident response. Important details are missing from the provided text—there’s no legislative finding explaining “behavioral health crisis,” no fiscal note, and no full cross-reference to the 2024 provision being amended—so the scope of enforcement, practical thresholds for the behavioral health exception, and budgetary impact remain uncertain.
|
| Official Documents | View Full Bill Text |
| Date Introduced | 01/13/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,053,875.50 |
| CRIMES |
| HEALTH CARE PRACTIONERS AND PROVIDERS |
| Hearing | House Community Safety (Public) |
| Hearing | House Community Safety (Executive) |