Strike everything after the enacting clause and insert the following:
"
Sec. 1. RCW 9A.88.110 and 2017 c 232 s 1 are each amended to read as follows:
(1) A person is guilty of ((patronizing a prostitute)) commercial sexual abuse if:
(a) Pursuant to a prior understanding, he or she ((pays a fee)) provides anything of value to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
(b) He or she ((pays or agrees to pay a fee)) provides or agrees to provide anything of value to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for ((a fee)) anything of value.
(2) The crime of ((patronizing a prostitute)) commercial sexual abuse may be committed in more than one location. The crime is deemed to have been committed in any location in which the defendant commits any act under subsection (1)(a), (b), or (c) of this section that constitutes part of the crime. A person who sends a communication ((to patronize a prostitute)) in furtherance of a commercial sexual abuse offense is considered to have committed the crime both at the place from which the contact was made pursuant to subsection (1)(a), (b), or (c) of this section and where the communication is received, provided that this section must be construed to prohibit anyone from being prosecuted twice for substantially the same crime.
(3) For purposes of this section, "sexual conduct" has the meaning given in RCW
9A.88.030.
(4) ((Patronizing a prostitute)) Commercial sexual abuse is a misdemeanor.
(5) A second or subsequent conviction under this section or under an equivalent municipal ordinance is a gross misdemeanor.
Sec. 2. RCW 9A.88.085 and 2006 c 250 s 2 are each amended to read as follows:
(1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be ((patronizing a prostitute)) commercial sexual abuse or promoting prostitution, if occurring in the state.
(2) For purposes of this section, "travel services" has the same meaning as defined in RCW
19.138.021.
(3) Promoting travel for prostitution is a class C felony.
Sec. 3. RCW 9A.88.130 and 2012 c 136 s 2 are each amended to read as follows:
(1) When sentencing or imposing conditions on a person convicted of, or receiving a deferred sentence or deferred prosecution for, violating RCW
9A.88.110 or
9.68A.100, the court must impose a requirement that the offender:
(a) Not be subsequently arrested for ((patronizing a prostitute)) commercial sexual abuse or commercial sexual abuse of a minor;
(b) Remain outside the geographical area, prescribed by the court, in which the person was arrested for violating RCW
9A.88.110 or
9.68A.100, unless such a requirement would interfere with the person's legitimate employment or residence or otherwise be infeasible; and
(c) Fulfill the terms of a program, if a first-time offender, designated by the sentencing court, designed to educate offenders about the negative costs of prostitution.
Sec. 4. RCW 9A.88.140 and 2015 c 265 s 21 are each amended to read as follows:
(1)(a) Upon an arrest for a suspected violation of
((patronizing a prostitute)) commercial sexual abuse, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, the arresting law enforcement officer may impound the person's vehicle if (i) the motor vehicle was used in the commission of the crime; (ii) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW
46.04.465; and (iii) either (A) the person arrested has previously been convicted of one of the offenses listed in this subsection or (B) the offense was committed within an area designated under (b) of this subsection.
(b) A local governing authority may designate areas within which vehicles are subject to impoundment under this section regardless of whether the person arrested has previously been convicted of any of the offenses listed in (a) of this subsection.
(i) The designation must be based on evidence indicating that the area has a disproportionately higher number of arrests for the offenses listed in (a) of this subsection as compared to other areas within the same jurisdiction.
(ii) The local governing authority shall post signs at the boundaries of the designated area to indicate that the area has been designated under this subsection.
(2) Upon an arrest for a suspected violation of commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor, the arresting law enforcement officer shall impound the person's vehicle if (a) the motor vehicle was used in the commission of the crime; and (b) the person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW
46.04.465.
(3) Impoundments performed under this section shall be in accordance with chapter
46.55 RCW and the impoundment order must clearly state "prostitution hold."
(4)(a) Prior to redeeming the impounded vehicle, and in addition to all applicable impoundment, towing, and storage fees paid to the towing company under chapter
46.55 RCW, an adult owner of an impounded vehicle must pay a fine to the impounding agency. The fine shall be five hundred dollars for the offenses specified in subsection (1) of this section, or two thousand five hundred dollars for the offenses specified in subsection (2) of this section.
(b) Upon receipt of the fine paid under (a) of this subsection, the impounding agency shall issue a written receipt to the owner of the impounded vehicle.
(c) Fines assessed under this section shall be collected by the clerk of the court and remitted to the treasurer of the county where the offense occurred for deposit in the county general fund, except in cases in which the offense occurred in a city or town that provides for its own law enforcement, in which case these amounts shall be remitted to the treasurer of the city or town for deposit in the general fund of the city or town. Revenue from the fines must be used for local efforts to reduce the commercial sale of sex including, but not limited to, increasing enforcement of commercial sex laws.
(i) At least fifty percent of the revenue from fines imposed under this section must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services for victims, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling.
(ii) Two percent of the revenue from fines imposed under this section shall be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.
(5)(a) In order to redeem a vehicle impounded under this section, the owner must provide the towing company with the written receipt issued under subsection (4)(b) of this section.
(b) The written receipt issued under subsection (4)(b) of this section authorizes the towing company to release the impounded vehicle upon payment of all impoundment, towing, and storage fees.
(c) A towing company that relies on a forged receipt to release a vehicle impounded under this section is not liable to the impounding authority for any unpaid fine under subsection (4)(a) of this section.
(6)(a) In any proceeding under chapter
46.55 RCW to contest the validity of an impoundment under this section where the claimant substantially prevails, the claimant is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter
46.55 RCW and the five hundred dollar fine paid under subsection (4) of this section.
(b) If the person is found not guilty at trial for a crime listed under subsection (1) of this section, the person is entitled to a full refund of the impoundment, towing, and storage fees paid under chapter
46.55 RCW and the fine paid under subsection (4) of this section.
(c) All refunds made under this section shall be paid by the impounding agency.
(d) Prior to receiving any refund under this section, the claimant must provide proof of payment.
Sec. 5. RCW 43.43.754 and 2017 c 272 s 4 are each amended to read as follows:
(1) A biological sample must be collected for purposes of DNA identification analysis from:
(a) Every adult or juvenile individual convicted of a felony, or any of the following crimes (or equivalent juvenile offenses):
(i) Assault in the fourth degree where domestic violence as defined in RCW
9.94A.030 was pleaded and proven (RCW
9A.36.041,
9.94A.030);
(iii) Communication with a minor for immoral purposes (RCW
9.68A.090);
(iv) Custodial sexual misconduct in the second degree (RCW
9A.44.170);
(v) Failure to register (RCW
9A.44.130 for persons convicted on or before June 10, 2010, and RCW
9A.44.132 for persons convicted after June 10, 2010);
(vii)
((Patronizing a prostitute)) Commercial sexual abuse (RCW
9A.88.110);
(viii) Sexual misconduct with a minor in the second degree (RCW
9A.44.096);
(x) Violation of a sexual assault protection order granted under chapter
7.90 RCW; and
(b) Every adult or juvenile individual who is required to register under RCW
9A.44.130.
(2) If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted.
(3) Biological samples shall be collected in the following manner:
(a) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do serve a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining the biological samples.
(b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for:
(i) Persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do not serve a term of confinement in a city or county jail facility; and
(ii) Persons who are required to register under RCW
9A.44.130.
(c) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a department of social and health services facility, the facility holding the person shall be responsible for obtaining the biological samples. For those persons incarcerated before June 12, 2008, who have not yet had a biological sample collected, priority shall be given to those persons who will be released the soonest.
(4) Any biological sample taken pursuant to RCW
43.43.752 through
43.43.758 may be retained by the forensic laboratory services bureau, and shall be used solely for the purpose of providing DNA or other tests for identification analysis and prosecution of a criminal offense or for the identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the federal bureau of investigation combined DNA index system.
(5) The forensic laboratory services bureau of the Washington state patrol is responsible for testing performed on all biological samples that are collected under subsection (1) of this section, to the extent allowed by funding available for this purpose. The director shall give priority to testing on samples collected from those adults or juveniles convicted of a felony or adjudicated guilty of an equivalent juvenile offense that is defined as a sex offense or a violent offense in RCW
9.94A.030. Known duplicate samples may be excluded from testing unless testing is deemed necessary or advisable by the director.
(6) This section applies to:
(a) All adults and juveniles to whom this section applied prior to June 12, 2008;
(b) All adults and juveniles to whom this section did not apply prior to June 12, 2008, who:
(i) Are convicted on or after June 12, 2008, of an offense listed in subsection (1)(a) of this section; or
(ii) Were convicted prior to June 12, 2008, of an offense listed in subsection (1)(a) of this section and are still incarcerated on or after June 12, 2008; and
(c) All adults and juveniles who are required to register under RCW
9A.44.130 on or after June 12, 2008, whether convicted before, on, or after June 12, 2008.
(7) This section creates no rights in a third person. No cause of action may be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW
43.43.752 through
43.43.758.
(8) The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database by mistake, or if the conviction or juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including but not limited to posttrial or postfact-finding motions, appeals, or collateral attacks.
(9) A person commits the crime of refusal to provide DNA if the person has a duty to register under RCW
9A.44.130 and the person willfully refuses to comply with a legal request for a DNA sample as required under this section. The refusal to provide DNA is a gross misdemeanor."