Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Education Committee

HB 1397

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.

Brief Description: Adding a requirement to sexual health education to include elements of and consequences for conviction of sexual offenses where the victim is a minor.

Sponsors: Representatives Orcutt, Santos, Dahlquist, Pike, Vick, Haler, Hargrove, Buys, Magendanz and Bergquist.

Brief Summary of Bill

  • Requires that public schools that offer sexual health education include information about the legal elements of sex offenses where a minor is a victim, the consequences upon conviction, and other information regarding sex offenses.

  • Tasks the Washington Coalition of Sexual Assault Programs (Coalition), in consultation with others, to include information about the legal elements of sex offenses where a minor is a victim, the consequences upon conviction, and sex offender registration in the educational materials they prepare.

  • Directs that these educational materials be provided to school districts and students.

  • Requires that public schools that offer sexual health education incorporate the educational materials provided by the Coalition.

Hearing Date: 2/7/13

Staff: Luke Wickham (786-7146).

Background:

January 2005 Guidelines for Sexual Health Information and Diseases Prevention (Guidelines).

The Guidelines were developed by the Office of the Superintendent of Public Instruction (OSPI) and the Department of Health in response to a bipartisan request from 41 state legislators. They provide a framework for medically and scientifically accurate sexual health education for Washington youth. The Guidelines list components of evidence-based and effective education programs. For younger youth, the Guidelines suggest developing healthy self-esteem, positive body image, good self-care, effective communication skills, respect for others, caring for family and friends, and a responsibility to communicate. As youth mature, the guidelines suggest awareness of health exams, abstinence, and contraception.

Sexual Health Education.

Public schools are not required to provide sexual health education, but those that do must assure that it is:

OSPI is required to develop and annually update a list of sexual health education curricula consistent with the guidelines. Public schools that offer sexual health education are encouraged to choose curriculum listed by OSPI, but may develop their own curriculum if it complies with the Guidelines.

OSPI is required to identify sexual health curricula used and report the results of their inquiry to the legislature every two years.

Sex Offenses (Chapter 9A.44 RCW).

The criminal code includes sexual offenses which are crimes whether or not the victim is a minor and some which are crimes because the victim is a minor.

Rape 1

Sexual intercourse by forcible compulsion when perpetrator uses a deadly weapon, kidnaps, inflicts serious physical injury, or feloniously enters building or vehicle.

Rape 2

Sexual intercourse by forcible compulsion under circumstances not constituting Rape 1, where the victim is incapable of consent, victim is a person with a developmental disability, perpetrator is health care provider, victim is resident of mental or chemical dependency facility, or victim is frail elder.

Rape 3

Sexual intercourse with clear lack of consent.

Rape of a Child 1

Sexual intercourse with a child who is less than 12 years old and

perpetrator is at least 24 months older.

Rape of a Child 2

Sexual intercourse with a child who is at least 12 years old, but less than

14, and the perpetrator is at least 36 months older.

Rape of a Child 3

Sexual intercourse with a child who is at least 14 years old but less than

16, and the perpetrator is at least 48 months older.

Child Molestation 1

Sexual contact with a child less than 12 years old, and the perpetrator is at least 36 months older.

Child Molestation 2

Sexual contact with a child who is at least 12 years old, but less than 14,

and perpetrator is at least 36 months older.

Child Molestation 3

Sexual contact with a child who is at least 14 years old, but less than 16,

and perpetrator is at least 48 months older.

Sexual Misconduct with a Minor 1

Sexual intercourse with a child who is at least 16 years old, but less than

18, and the perpetrator is at least 60 months older and abuses a supervisory position.

Sexual Misconduct with a Minor 2

Sexual contact with a child who is at least 16 years old, but less than 18,

and the perpetrator is at least 60 months older and abuses a supervisory position.

Indecent Liberties

Sexual contact by forcible compulsion with the victim is incapable of consent.

In addition to sentences following convictions or guilty pleas to these crimes, any adult or juvenile found to have committed a sex offense must register with the county sheriff for the county of the person's residence. There are also various other reporting requirements and potentially severe career consequences.

Educational Materials Regarding Sex Offenses, Sex Offenders, and Victims of Sexual Assault.

In 2006, the legislature required that the Washington Coalition of Sexual Assault Programs (Coalition), in consultation with the Washington Association of Sheriffs and Police Chiefs (WASPC), the Washington Association of Prosecuting Attorneys (WAPA), and the Office of the Superintendent of Public Instruction (OSPI) develop education materials to inform parents and community members about:

Summary of Bill:

Information related to the legal elements of sex offenses where a minor is a victim, the consequences upon conviction, and sex offender registration must be added to the educational materials prepared by the Coalition, WASPC, WAPA, and OSPI. By September 1, 2014, and biennially thereafter, the Coalition and the others must review and update the educational materials to make sure that they remain current, accurate, and age-appropriate.

Every public school that offers sexual health education must assure that sexual health education teaches students to take responsibility for and understand the consequences of their own behavior. This education must include age appropriate information about the legal elements of sex offenses where a minor is a victim and the consequences of conviction. It must also include the materials developed by the Coalition and others.

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.