2769-S AMH CLEM HUTC 106

SHB 2769 - H AMD 959 ADOPTED 2-16-98

By Representative Clements

Strike everything after the enacting clause and insert the following:

ANEW SECTION. Sec. 1. (1) Each state agency and institution of higher education shall develop and make available to all employees, by September 1, 1998, a policy that:

(a) Provides that when the agency or institution of higher education has reasonable cause to believe, based on an internal agency reporting process or any investigation, that a crime against a person has been perpetrated by a state employee and that such crime involves conduct occurring in, or related to, the workplace, the agency or institution of higher education must report the incident to the office of crime victims advocacy within a reasonable time, not to exceed seven days;

(b) Provides that when the agency or institution of higher education has reasonable cause to believe, based on an internal agency reporting process or any investigation, that a crime not constituting a crime against a person has been perpetrated by a state employee and that such crime involves conduct occurring in, or related to, the workplace, the agency or institution of higher education must report the incident to the attorney general within a reasonable time, not to exceed ten days;

(c) Provides procedures for an agency or institution of higher education to, within its discretion, report directly to law enforcement or the local prosecutor when the agency or institution of higher education has reasonable cause to believe, based on an internal agency reporting process or any investigation, that a crime has been perpetrated by a state employee involving conduct occurring in, or related to, the workplace and that the crime poses a substantial risk to the public;

(d) Provides that the agency or institution of higher education shall forward any information uncovered in the investigation to the agency it is reporting to; and

(e) Informs employees of the services and resources available to victims from the office of crime victims advocacy.

(2) ACrimes against persons@ are those crimes listed as crimes against persons in RCW 9.94A.440.

NEW SECTION. Sec. 2. (1) The attorney general shall develop and make available to its employees, by September 1, 1998, a policy that, when receiving a report from a state agency or institution of higher education under section 1 of this act:

(a) Provides procedures for investigating, reporting, and resolving incidents that are reported;

(b) Requires the attorney general to work with the state agency or institution of higher education in resolving the incident;

(c) Requires that the attorney general will act in a manner that protects the victim, the citizens of the state, and the state; and

(d) Requires the attorney general to report to a law enforcement agency or local prosecutor all instances of crimes that are not crimes against persons. ACrimes against persons@ are those crimes listed as crimes against persons in RCW 9.94A.440.

(2) The attorney general shall report annually to the legislature on the number of reports it has received from state agencies. The attorney general shall submit copies of the report to the speaker of the house of representatives, the majority and minority leaders of the senate, and the governor. The report shall provide the following information: The name of the agency which originated the report; the type of crime; what services if any were offered to the victim; the results of any investigation undertaken by an agency; the costs incurred by the agency for investigating and adjudicating, including settling, the incident, and whether the crime was reported to law enforcement. The report shall not divulge the identify of, or any identifying information about, the victim or alleged perpetrator.

NEW SECTION. Sec. 3. (1) The office of crime victims advocacy shall provide technical assistance to agencies in the development of their policies. The office shall provide any employees subject to the policies with referrals to needed crime victim services and resources.

(2) The office shall report quarterly to the legislature on the number of reports it has received from state agencies. The office shall submit copies of the report to the speaker of the house of representatives and the minority leader of the house of representatives, the majority and minority leaders of the senate, and the governor. The report shall provide the following information: The name of the agency which originated the report; the type of crime; what services if any were offered to the victim; the results of any investigation undertaken by an agency; the costs incurred by the agency for investigating and adjudicating, including settling, the incident, and whether the incident was reported to law enforcement. The report shall not divulge the identity of, or any identifying information about, the victim or alleged perpetrator.

NEW SECTION. Sec. 4. Sections 1 and 3 of this act are each added to chapter 41.04 RCW. Section 2 of this act is added to chapter 43.10 RCW.

NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriates act, this act is null and void.@