HOUSE BILL REPORT

ESHB 2571

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

February 15, 2010

Title: An act relating to the definition of predatory.

Brief Description: Modifying the definition of predatory.

Sponsors: House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representative Appleton).

Brief History:

Committee Activity:

Public Safety & Emergency Preparedness: 1/20/10, 1/22/10 [DPS].

Floor Activity:

Passed House: 2/15/10, 98-0.

Brief Summary of Engrossed Substitute Bill

  • Modifies the definition of "predatory" for the purposes of sex offender sentencing to include perpetrators who are teachers, counselors, volunteers, or other persons in authority in home-based instruction.

HOUSE COMMITTEE ON PUBLIC SAFETY & EMERGENCY PREPAREDNESS

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Hurst, Chair; O'Brien, Vice Chair; Pearson, Ranking Minority Member; Klippert, Assistant Ranking Minority Member; Appleton, Goodman, Kirby and Ross.

Staff: Alexa Silver (786-7190).

Background:

The term "predatory" is defined in the Sentencing Reform Act to mean any of the following:

  1. the perpetrator was a stranger to the victim;

  2. the perpetrator established a relationship with the victim, and a significant reason for doing so was the victimization of the victim; or

  3. the perpetrator was a:

    1. teacher, counselor, volunteer, or other person of authority in a public or private school where the victim was a student under the perpetrator's authority;

    2. coach, trainer, volunteer, or other person of authority in a recreational activity in which the victim participated and was under the perpetrator's authority; or

    3. pastor, elder, volunteer, or other person of authority in a church or religious organization where the victim was a participant under the perpetrator's authority.

For purposes of perpetrators in schools, home-based instruction is excluded.

In a prosecution for rape of a child in the first degree, rape of a child in the second degree, or child molestation in the first degree, when there is sufficient admissible evidence that the offense was predatory, the prosecutor must file a special allegation. The prosecutor has the burden to prove beyond a reasonable doubt that the offense was predatory. If the offense is found to be predatory, the court must impose a higher minimum sentence on the offender. The minimum term imposed for a predatory offense is the greater of 25 years or the maximum term in the standard sentence range.

Summary of Engrossed Substitute Bill:

The definition of "predatory" includes a perpetrator who was a teacher, counselor, volunteer, or other person in authority in home-based instruction when the victim was a student receiving home-based instruction under his or her authority or supervision.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(With concerns on original bill, in support of substitute bill) Excluding coaches and the clergy was a drafting mistake that should be corrected. Based on this clarification, the substitute bill is supported.

(Opposed) None.

Persons Testifying: Representative Appleton, prime sponsor; Lonnie Johns-Brown, Washington Coalition of Sexual Assault Programs; and Maureen Fitzgerald, Children's Advocacy Centers of Washington.

Persons Signed In To Testify But Not Testifying: None.