What are the 2017 Legislative changes regarding Domestic Violence and RCW 9A.36.041?
Below is information on the 2017 Legislative changes related to RCW 9A.36.041 Assault 4th Degree.
- RCW 9A.36.041 Assault 4th Degree now has 2 penalty levels: Gross Misdemeanor and Felony C.
- New Domestic Violence Definition of Family or Household Member under 9A.36.041(4). If 9A.36.041(4) is included in the charge, the charge should be marked as DV-Yes.
- Law Table Updates:
- RCW 9A.36.041.2 - Assault 4th Degree - Gross Misdemeanor
- RCW 9A.36.041.3 - Assault 4th Degree Prior DV - Class C Felony
This is also a reminder of the DV related disposition codes for when DV is Plead and Proven: GV- Guilty DV Plead and Proven or GR- Guilty DV Plead and Proven Revoked Deferral. More information can be found in CLJ Codes Manual- Plea/Sentencing Codes.
New Domestic Violence Definition of Family or Household Member
For the purpose of the new law 9A.36.041(3), a prior conviction will only be treated as a DV felony predicate offense when the RCW 9A.36.041(4) definition of "family or household member" is alleged in the charging document.
Here is an example of what may appear on the charging document with the new definition:
On or about the _________ day of ____________, 20__, in the County of ______________, State of Washington, the above-named Defendant (elements of crime); contrary to Revised Code of Washington _______________; and furthermore, the defendant did commit the above crime against a family or household member; contrary to Revised Code of Washington 9A.36.041(4).
When this new RCW appears on a charging document, clerks should enter the case as DV- Yes into JIS, just as with RCW 10.99.020. In some cases, both DV definitions will appear on the charging document. This should also be entered as DV- Yes into JIS.
Law Table Updates
RN id: 2471