H-4554.2  _______________________________________________

                          HOUSE BILL 3041

          _______________________________________________

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; 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 is a witness to 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; or

    (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.

NEW SECTION. Sec. 3.  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. 4.  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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