FINAL BILL REPORT
HB 1382
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. |
C 114 L 19
Synopsis as Enacted
Brief Description: Increasing access to emergency assistance for victims by providing immunity from prosecution for prostitution offenses in some circumstances.
Sponsors: Representatives Pellicciotti, Kraft, Macri, Goodman, Doglio, Pettigrew, Ormsby, Jinkins, Stanford, Appleton and Riccelli.
House Committee on Public Safety
Senate Committee on Law & Justice
Background:
Prostitution Offenses.
A person is guilty of the crime of Prostitution if he or she engages in, agrees to engage in, or offers to engage in sexual conduct with another person in return for a fee. "Sexual conduct" includes sexual intercourse and sexual contact. Prostitution is a misdemeanor offense.
Immunity from Prosecution for Persons Seeking Emergency Medical Assistance.
Under certain circumstances, persons who could otherwise be convicted of a crime are immune from criminal charging and prosecution if evidence of the crime is obtained due to the person seeking emergency medical assistance.
A person under the age of 21 years who is acting in good faith in seeking medical assistance for someone experiencing alcohol poisoning cannot be charged with or prosecuted for a Minor in Possession of Alcohol offense if the evidence for the charge was obtained as a result of the person seeking medical assistance. The same immunity extends to a person who seeks medical assistance for themselves. Likewise, a person acting in good faith in seeking medical assistance for a person experiencing a drug-related overdose, or for himself or herself, cannot be charged with Possession of a Controlled Substance if the evidence was obtained as a result of seeking medical assistance.
The immunity from prosecution afforded in these provisions does not serve as grounds for suppression of evidence in other criminal charges.
Summary:
A person acting in good faith who seeks emergency assistance on behalf of another person who has been a victim of any statutory violent offense, Assault in the third or fourth degree, or Rape in the third degree, or who seeks emergency assistance on his or her own behalf in such circumstances, may not be charged with or prosecuted for Prostitution if the evidence for the charge was obtained as a result of the person seeking emergency assistance. The protection from prosecution for Prostitution is not grounds for suppression of evidence in other criminal charges.
Votes on Final Passage:
House | 97 | 0 | |
Senate | 47 | 0 |
Effective: | July 28, 2019 |