HOUSE BILL ANALYSIS
SSB 5234
Title: An act relating to custodial sexual misconduct.
Brief Description: Defining the crime of custodial sexual
misconduct.
Sponsors:
Senate Committee on Judiciary (originally sponsored by Senators Long, Horn,
Kline, Gardner, McCaslin, Zarelli, Roach, Hargrove, Kohl‑Welles, Haugen,
Franklin, Stevens, Thibaudeau, Oke, Winsley, Costa and Benton; by request of
Department of Corrections).
HOUSE
COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff:
Jean Ann Quinn (786-7310).
Background:
Custodial Sexual Misconduct: Under existing law, there is no specific crime
making it unlawful for a correctional or law enforcement officer to have
consensual sexual intercourse or sexual contact with a person detained,
arrested, or otherwise in custody.
Background Checks: Applicants for paid or volunteer positions that will or may have
access to children under 16 years of age, developmentally disabled persons, or
vulnerable adults are subject to background checks including checks for crimes
against children or other persons.
Programs under the Victims of Sexual Assault Act: Under the Victims of Sexual Assault Act, the
Department of Community, Trade, and Economic Development coordinates activities
of programs relating to sexual assault, and aids organizations that provide
services to sexual assault victims, such as rape crisis centers and other
community-based sexual assault programs.
Summary:
Custodial
Sexual Misconduct: A new crime of
custodial sexual misconduct is created. The victim must be a resident of a
state, county, or city adult or juvenile correctional facility, or under
correctional supervision. The perpetrator must be an employee or contract
personnel of a correctional agency and have, or the victim must reasonably
believe that the perpetrator has, the ability to influence the victim's terms,
conditions, length, or fact of incarceration or correctional supervision.
Victims who are detained, under arrest, or in the custody of law enforcement
are also included when the perpetrator is a law enforcement officer.
Sexual
intercourse under these circumstances is custodial sexual misconduct in the
first degree, a class C (level V) felony. Sexual contact is custodial sexual
misconduct in the second degree, a gross misdemeanor. The terms "sexual
intercourse" and "sexual contact" are defined in RCW Chapter
9A.44.
Consent
of the victim is not a defense. But an affirmative defense is created if the
sexual intercourse or sexual contact is the result of forcible compulsion by
the other person.
The
Department of Corrections must, before reporting to the prosecuting attorney an
incident of custodial sexual misconduct alleged to have been committed by an
employee or contract personnel of that department, conduct an investigation to
determine whether there is probable cause to believe that the allegation is
true.
Background
Checks: Custodial sexual
misconduct is added to the list of crimes that are considered Acrimes against children and other persons@ for the purposes of disclosure in background checks.
Programs
under the Victims of Sexual Assault Act: Custodial sexual misconduct is added to the list of offenses
included in the definition of sexual assault for the purposes of the Victims of
Sexual Assault Act.
Fiscal
Note: Requested on March 24,
1999.
Effective
Date: Ninety days after
adjournment of session in which bill is passed.