S-223                 _______________________________________________

                                                   SENATE BILL NO. 3013

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Williams and Conner

Prefiled with Secretary of the Senate 12/24/84.  Read first time 1/15/85 and referred to Committee on Judiciary.

AN ACT Relating to felony sexual offenses; amending RCW 9A.44.010; adding a new section to chapter 9A.44 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

         (1) Any person, other than the victim, who knows or has reason to know that a felony sexual offense or an attempted felony sexual offense is taking place in his or her presence shall immediately notify the local law enforcement authority or the state patrol.

          (2) No person may be charged with a violation of subsection (1) of this section until the investigating law enforcement authority obtains from the victim a signed complaint against the person which alleges a violation of subsection (1) of this section.

          (3) Any person who knowingly fails to report a felony sexual offense or attempted felony sexual offense as required under this section shall be guilty of a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than five hundred dollars or both.

          (4) Any person making a report in good faith under subsection (1) of this section shall have immunity from any civil or criminal liability that might otherwise be incurred, and shall have the same immunity with respect to any judicial proceeding resulting from the report.

        Sec. 2.  Section 1, chapter 14, Laws of 1975 1st ex. sess. as amended by section 1, chapter 123, Laws of 1981 and RCW 9A.44.010 are each amended to read as follows:

          As used in this chapter:

          (1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

          (b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

          (c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

          (2) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

          (3) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause;

          (4) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act;

          (5) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped;

          (6) "Consent" means that at the time of the act of sexual intercourse there are actual words or conduct indicating freely given agreement to have sexual intercourse;

(7) "Felony sexual offense" means a sexual offense constituting a felony under chapter 9.68A, 9A.44, or 9A.64 RCW.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.