S-3253

AN ACT Relating to merging double amendments governing background checks for workers having access to children or other vulnerable persons; and reenacting and amending RCW 43.43.830.

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

Sec. 1. RCW 43.43.830 and 1990 c 146 s 8 and 1990 c 3 s 1101 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.840.

(1) "Applicant" means:

(a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

(b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; or

(2) "Business or organization" means a business or organization licensed in this state, ((~~any~~)) an agency of the state, or other governmental entity((,)) that educates, trains, treats, supervises, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including school districts and educational service districts.

(3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

(4) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

(5) "Crime against children or other persons" means a conviction of any of the following offenses:

(a) Aggravated murder;

(b) First or second degree murder;

(d) First, second, or third degree assault;

(e) First, second, or third degree rape;

(f) First, second, or third degree rape of a child;

(g) First or second degree robbery;

(h) First degree arson;

(i) First degree burglary;

(j) First or second degree manslaughter;

(k) First or second degree extortion;

(l) Indecent liberties;

(m) Incest;

(n) Vehicular homicide;

(o) First degree promoting prostitution;

(p) Communication with a minor;

(q) Unlawful imprisonment;

(r) Simple assault;

(s) Sexual exploitation of minors;

(t) First or second degree criminal mistreatment;

(u) Child abuse or neglect as defined in RCW 26.44.020;

(v) First or second degree custodial interference;

(w) Malicious harassment;

(x) First, second, or third degree child molestation;

(y) First or second degree sexual misconduct with a minor; ((~~first or second degree rape of a child;~~))

(z) Patronizing a juvenile prostitute;

(aa) Child abandonment;

(bb) Promoting pornography;

(cc) Selling or distributing erotic material to a minor;

(dd) Custodial assault;

(ee) Violation of child abuse restraining order;

(ff) Child buying or selling;

(gg) Prostitution;

(hh) Felony indecent exposure; or

(ii) Any of these crimes as they may be renamed in the future.

(6) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

(7) "Disciplinary board final decision" means any final decision issued by the disciplinary board or the director of the department of licensing for the following businesses or professions:

(a) Chiropractic;

(b) Dentistry;

(d) Massage;

(e) Midwifery;

(f) Naturopathy;

(g) Osteopathy;

(h) Physical therapy;

(i) Physicians;

(j) Practical nursing;

(k) Registered nursing;

(l) Psychology; and

(m) Real estate brokers and salesmen.

(8) "Unsupervised" means not in the presence of:

(a) Another employee or volunteer from the same business or organization as the applicant; or

(b) Any relative or guardian of any of the children or developmentally disabled persons to ((~~which~~)) whom the applicant has access during the course of his or her employment or involvement with the business or organization.

(9) "Vulnerable adult" means:

(a) A person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or

(b) A patient in a state hospital as defined in chapter 72.23 RCW.

(10) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

(11) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.