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.
- New Felony charge of 9A.36.041(3) will be marked as DV- Yes.
- Law Table Updates:
- RCW 9A.36.041(1) - Assault 4th Degree - Definition (Add as Additional Statue) (ODY courts: when violation date is after 7/23/17, use Additional Statue Code 9A.36.041(1)-1)
- RCW 9A.36.041(2) - Assault 4th Degree - Gross Misdemeanor
- RCW 9A.36.041(3) - Assault 4th Degree Prior DV - Class C Felony
- RCW 9A.36.041(4) - Assault 4th Degree DV Definition Family or Household Member- Definition (Add as Additional Statue and mark DV-Yes)
To capture penalty level, enter either 9A.36.041(2) for Gross Misd OR 9A.36.041(3) for Felony C and then in Additional Statues 9A.36.041(1) may be added.
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 Code Manual for Superior Courts - Result 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 SCOMIS, 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 SCOMIS.
Law Table Updates
RN id: 2472