BP BHEAD INT S [atlas:bill]

AN ACT Relating to reporting felonies committed by state employees; adding new sections to chapter 43.01 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.01 RCW to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Malice" or "maliciously" imports an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

(2) "State employee" means a member of the civil service or an exempt person under chapter 41.06 RCW, or higher education personnel under chapter 28B.16 RCW employed half-time or more.

(3) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury as a direct result of a crime.

NEW SECTION. Sec. 2. A new section is added to chapter 43.01 RCW to read as follows:

(1)(a) A state employee who, based on the findings of any investigation conducted by or at the request of a state employee, has reasonable cause to believe that another state employee has committed a felony, shall report the incident, or shall cause a report of it to be made, to the proper law enforcement agency or local prosecutor, unless (i) the felony is a crime against persons as listed in RCW 9.94A.440(2), (ii) the state employee knows of the victim's identity, and (iii) on inquiry, the victim objects to a report being made. A report required by this subsection must be made no later than seventy-two hours after there is reasonable cause to believe that a felony has occurred.

(b) A state employee who, based on the findings of any investigation conducted by or at the request of a state employee, has reasonable cause to believe that another state employee has committed a felony classified in RCW 9.94A.440(2) as a crime against persons, but who learns that the victim objects to a report being made, shall report the incident, or cause a report to be made, to the office of the attorney general. The report required by this subsection must include the victim's name and phone number, if known. The report must also be made no later than seventy-two hours after there is reasonable cause to believe a felony has occurred.

(c) Upon receiving a report required by (b) of this subsection, the attorney general shall inform the victim (i) that the report will remain confidential and that the attorney general will not make a report to the appropriate law enforcement agency or prosecutor for seventy-two hours, (ii) of the consequences of reporting the crime to a law enforcement agency, (iii) of the legal, counseling, and support services available to the victim, and (iv) of the attorney general's responsibilities under (d) of this subsection if the victim does not report the crime to a local law enforcement agency or local prosecutor.

(d) If, more than seventy-two hours after there is reason to believe a crime has occurred, the victim remains unwilling to report the crime, the attorney general shall report the crime to a local law enforcement agency or prosecutor unless (i) the victim agrees in writing to hold the state harmless for any action arising out of the state's failure to report the crime, (ii) the circumstances meet the standard described in RCW 9.94A.440(1), and (iii) failing to report the crime would not jeopardize the safety of society.

(e) After failing to report the crime to a local law enforcement agency or prosecutor pursuant to (d) of this subsection, the attorney general shall notify the victim, the state employee who reported the crime, the speaker of the house of representatives, and the majority leader of the senate of the decision and the reasons for it. The attorney general shall ensure that the identity of the state employee who reported the crime and of the victim remain confidential.

(2) A person who intentionally fails to make a report required by subsection (1) of this section is guilty of a misdemeanor.

(3) Any employee making a report in good faith under this section is immune from any liability arising out of such reporting. An employee who maliciously makes a false report is not immune from liability. The public employer of an employee who under this chapter makes a report in good faith and without gross negligence shall provide for the legal defense of the employee in any action based on the employee's report.