SB 210-CRIMES AGAINST CHILDREN                                                                             
                                                                                                                                
1:35:36 PM                                                                                                                    
CHAIR FRENCH  announced the  consideration of  SB 210,  and asked                                                               
for a  motion to  adopt the  proposed committee  substitute (CS),                                                               
version D.                                                                                                                      
                                                                                                                                
1:35:42 PM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to adopt  the work  draft CS  for SB                                                               
210, labeled 27-LS1362\D, as the working document.                                                                              
                                                                                                                                
CHAIR  FRENCH  announced that  without  objection  version D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
AMY  SALTZMAN,  staff to  Senator  McGuire,  sponsor of  SB  210,                                                               
explained that  version D was  the same  as [version M]  that was                                                               
last before the committee. She  summarized that the bill provides                                                               
harsher penalties  for anyone  that causes  physical injury  to a                                                               
child. Section 1 increases the  protection from under 10 years of                                                               
age to  under 12 years of  age in regard to  third degree assault                                                               
for physical  injury to  a child.  Section 2  provides a  class C                                                               
felony  for  anyone  who  withholds  food  or  water  and  causes                                                               
protracted  harm to  the  child's health.  Section  4 amends  the                                                               
definition of "serious physical injury" to include:                                                                             
                                                                                                                                
     (C) physical injury to a person under 12 years of age                                                                      
     that causes                                                                                                                
          (i) serious disfigurement;                                                                                            
       (ii) impairment of health, by serious bruising or                                                                        
         other injury, that reasonably requires medical                                                                         
     evaluation or                                                                                                              
     treatment by a health care professional;                                                                                   
         (iii) loss or impairment of the function of a                                                                          
     body                                                                                                                       
     member or organ; or                                                                                                        
          (iv) serious impediment of blood circulation or                                                                       
     breathing;                                                                                                                 
                                                                                                                                
MS. SALTZMAN said the sponsor  worked closely with the Department                                                               
of Law (DOL) on the amended definition.                                                                                         
                                                                                                                                
CHAIR FRENCH said the bill was  a good idea, because kids deserve                                                               
this kind of protection.                                                                                                        
                                                                                                                                
1:38:11 PM                                                                                                                    
SENATOR COGHILL  referred to Section  4, page 3, lines  9-10, and                                                               
said  he  wanted  to  make  sure he  understood  the  meaning  of                                                               
"recklessly fails  to provide."  He interpreted  it to  mean that                                                               
someone purposefully withholds food or  drink such that it causes                                                               
physical impairment.                                                                                                            
                                                                                                                                
CHAIR FRENCH said that was his reading.                                                                                         
                                                                                                                                
SENATOR PASKVAN  said he  understood "reckless"  to mean  a gross                                                               
deviation from the normal standard of care for a child.                                                                         
                                                                                                                                
SENATOR COGHILL said he wanted to  make sure this would not catch                                                               
people that had other failures in  their life, but did not intend                                                               
to harm the child.                                                                                                              
                                                                                                                                
CHAIR FRENCH found no further questions and asked for a motion.                                                                 
                                                                                                                                
1:39:41 PM                                                                                                                    
SENATOR WIELECHOWSKI moved to report CS for SB 210 from                                                                         
committee with individual recommendations and attached fiscal                                                                   
note(s).                                                                                                                        
                                                                                                                                
CHAIR FRENCH announced that without objection, CSSB 210(JUD)                                                                    
moved from Senate Judiciary Standing Committee.