BP BHEAD INT H

AN ACT Relating to investigative interviews of child victim witnesses; adding a new section to chapter 9.73 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The legislature finds that there is a continuing need to improve the treatment of children in legal proceedings and investigations concerning sexual abuse by developing methods to achieve all of the following goals:

(a) Eliminate unnecessary repetitive interviews and investigations of child victim witnesses;

(b) Streamline and improve investigative practices and procedures involving child victim witnesses;

(d) Protect the rights of child victims, their families, and the accused.

(2)(a) It is the intent of the legislature to establish two pilot program and demonstration projects in one or more counties to improve the treatment of child victim witnesses in legal proceedings and increase the reliability of child interview processes.

(b) The investigative pilot program and demonstration projects shall incorporate essential elements for improving and streamlining the investigative process in suspected sexual abuse cases as it affects child victim witnesses. Those elements shall include the following:

(i) Interviewing children in a child-oriented setting;

(ii) Using a child interview specialist to conduct comprehensive interviews with children;

(iii) Developing interdisciplinary child interview protocols;

(iv) Memorializing the interview process to eliminate or minimize the need for subsequent interviews;

(v) Conducting multidisciplinary team reviews to make recommendations on child abuse interviews and investigations and the needs of child victim witnesses;

(vi) Ensuring that initial medical evidentiary examinations of suspected child abuse victims are conducted by medical professionals with forensic expertise in medical evidence related to child abuse.

(c) The establishment of the projects is not intended to amend, alter, or modify in any way application of the law of evidence in legal proceedings. The failure to comply with any protocol, procedure, or provision of this act shall not affect otherwise applicable evidence law.

NEW SECTION. Sec. 2. (1) There are hereby established two three-year pilot program and demonstration projects in the department of community, trade, and economic development pertaining to child victim witness investigative interviews in sexual abuse cases. The projects shall apply only to sexual abuse investigations and operate in one or more counties that have made application to and have been designated by the director of the department of community, trade, and economic development.

(2) The department of community, trade, and economic development shall fund the projects from moneys appropriated by the legislature for purposes of this act for a three-year period in order to implement and evaluate the elements set forth in section 1 of this act. The projects shall:

(a) Establish a child victim witness center or centers, or special interview settings;

(b) Develop interagency agreements and protocols for interviewing child victim witnesses, including procedures to limit the number of interviewers and minimize the number of interviews;

(c) Train child interview specialists selected by a team composed of representatives from the district attorney's office, local law enforcement agencies, and social service agencies. The specialists need not be employees of these agencies;

(d) Require that comprehensive interviews shall be conducted by a child interview specialist. All other interviews, including initial interviews, shall also be conducted by a child interview specialist unless such interviews are otherwise necessitated for the child's safety and protection, law enforcement procedures, or other legal mandates;

(e) Provide for the videotaping of child victim interviews conducted by a child interview specialist pursuant to a protocol established by the multidisciplinary advisory committee created in section 3 of this act. Encourage and support procedures to require other interviews conducted by persons other than child interview specialists to be video or audio taped;

(f) Establish criteria and procedures for maintaining the confidentiality of and discloser of video and audio tape interviews of child victim witnesses;

(g) Establish multidisciplinary teams to review and make recommendations on child abuse cases and the needs of child victim witnesses;

(h) Develop special procedures for coordination and cooperation of child interviews when a child is involved in criminal and dependency proceedings, domestic relations and dependency proceedings, delinquency and dependency proceedings, or related domestic violence proceedings;

(i) Develop guidelines for controlling access to children who are victim witnesses in legal proceedings;

(j) Develop guidelines for referral to medical examinations conducted by medical professionals with forensic experience related to child sexual abuse.

NEW SECTION. Sec. 3. (1) The director of the department of community, trade, and economic development shall establish a multidisciplinary child victim witness advisory committee for purposes of assisting in the implementation of sections 1 through 4 of this act. The director of the department of community, trade, and economic development shall place substantive weight on the advice of the committee. The committee shall consist of:

(a) One member who is an employee of the division of child and family services;

(b) One member who is a medical examiner;

(d) One member who is a dependency practitioner designated by the Washington defender association;

(e) One member designated by the Washington association of criminal defense lawyers;

(f) One member who is a child interview specialist employed at a project site;

(g) One member who is an employee of a law enforcement agency;

(h) One member who is a private family law practitioner designated by the Washington state bar association family law section;

(i) One member designated by the attorney general;

(j) Other members as appointed in the discretion of the director of the department of community, trade, and economic development.

(2) The committee shall elect its chairperson for such terms and duties as the committee establishes. The committee shall meet at least once every three months as determined by the committee.

(3) In addition to its other duties, the committee shall establish qualifications for child interview specialists selected under section 2 of this act.

NEW SECTION. Sec. 4. (1) The projects shall establish a baseline of data and information for an evaluation by the Washington state institute for public policy, and collect data during the operation of the projects relevant to the evaluation and report required by this act. The Washington state institute for public policy shall evaluate the projects for the purpose of determining whether the projects have been successful in meeting the following goals or objectives:

(a) Reducing the number of interviewers and the number of interviews for child victim witnesses in suspected sexual abuse cases;

(b) Reducing the number of interview settings for child victim witnesses in suspected sexual abuse cases;

(d) Videotaping the interviews of child victim witnesses;

(e) Developing interagency cooperation, agreements, and protocols for interviewing child victim witnesses;

(f) Improving the qualifications, selection process, and training of child victim witness interviewers;

(g) Establishing procedures for maintaining the confidentiality of and appropriate disclosure of audiotape and videotape interviews of child victim witnesses;

(h) Improving the reliability of child interviews in suspected child sexual abuse cases.

(2) Not later than November 1, 1998, the Washington state institute for public policy shall report to the legislature on the results of the projects. The report shall include evaluations and recommendations as to whether the techniques utilized in the projects should be required or encouraged on a state-wide basis, and how any expenses related to the changes should be financed. Recommended changes in the law shall be included in the report.

NEW SECTION. Sec. 5. The Washington child victim witness pilot program and demonstration projects described in sections 1 through 4 of this act shall terminate on June 30, 1999.

NEW SECTION. Sec. 6. A new section is added to chapter 9.73 RCW to read as follows:

This chapter shall not apply to any person, government, entity, or agency, or private entity or agency acting in accordance with the provisions of sections 1 through 4, chapter . . ., Laws of 1996 (sections 1 through 4 of this act), including but not limited to video and audio recordings made pursuant to the provisions of the child victim witness pilot program and demonstration projects under sections 1 through 4, chapter . . ., Laws of 1996 (sections 1 through 4 of this act).