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                     ENGROSSED HOUSE BILL 3041

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State of Washington      55th Legislature     1998 Regular Session

By Representatives Cooke, Bush, Kastama and Tokuda

Read first time 01/27/98.  Referred to Committee on Law & Justice.

Exempting the office of the family and children's ombudsman from certain proceedings.

    AN ACT Relating to the exemption of the office of the family and children's ombudsman from certain judicial and administrative proceedings; adding new sections to chapter 43.06A RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.06A RCW to read as follows:

    Neither the ombudsman nor the ombudsman's staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence regarding the exercise of the official duties of the ombudsman or of the ombudsman's staff.  All related memoranda, work product, notes, and case files of the ombudsman's office are confidential, are not subject to discovery, subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.06A RCW to read as follows:

    The privilege described in section 1 of this act does not apply when:

    (1) The ombudsman or ombudsman's staff member has direct knowledge of an alleged felony, and the testimony, evidence, or discovery sought is relevant to that allegation;

    (2) The ombudsman or a member of the ombudsman's staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk;

    (3) The ombudsman has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombudsman's office; or

    (4) The ombudsman or ombudsman's staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children's ombudsman or any volunteer in the ombudsman's office, to comply with RCW 26.44.030.

NEW SECTION. Sec. 3.  When the ombudsman or ombudsman's staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman or ombudsman's staff member shall report the matter, or cause a report to be made, to the appropriate authorities.

NEW SECTION. Sec. 4.  A new section is added to chapter 43.06A RCW to read as follows:

    Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030.

NEW SECTION. Sec. 5.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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