S-3850               _______________________________________________

                                                   SENATE BILL NO. 5036

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Craswell, Owen, Conner and Bauer

Read first time 1/24/86 and referred to Committee on Judiciary.

AN ACT Relating to child abuse; amending RCW 26.44.060; and prescribing penalties.

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

        Sec. 1.  Section 6, chapter 13, Laws of 1965 as last amended by section 9, chapter 129, Laws of 1982 and RCW 26.44.060 are each amended to read as follows:

          (1) Any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.

          (2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.

          (3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110.  Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.

(4) Any person found to have acted in bad faith or maliciously in the making of a report, participating in the investigation, or testifying in a judicial proceeding  shall be guilty of a gross misdemeanor.  Such persons have no rights under this chapter.