AN
ACT Relating to crimes; amending RCW 9A.36.011, 9A.32.010, 70.24.034, and
70.24.105; and reenacting and amending RCW 9A.36.021 and 9A.04.080.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.36.011 and 1986 c 257 s 4 are each amended to read as follows:
(1)
A person is guilty of assault in the first degree if he or she, with intent to
inflict great bodily harm:
(a)
Assaults another with a firearm or any deadly weapon or by any force or means
likely to produce great bodily harm or death; or
(b)
Administers, exposes, or transmits to or causes to be taken by another,
poison, the human immunodeficiency virus as defined in chapter 70.24 RCW,
or any other destructive or noxious substance; or
(c)
Assaults another and inflicts great bodily harm.
(2)
Assault in the first degree is a class A felony.
Sec.
2. RCW
9A.36.021 and 1988 c 266 s 2, 1988 c 206 s 916, and 1988 c 158 s 2 are each
reenacted and amended to read as follows:
(1)
A person is guilty of assault in the second degree if he or she, under
circumstances not amounting to assault in the first degree:
(a)
Intentionally assaults another and thereby recklessly inflicts substantial
bodily harm; or
(b)
Intentionally and unlawfully causes substantial bodily harm to an unborn quick
child by intentionally and unlawfully inflicting any injury upon the mother of
such child; or
(c)
Assaults another with a deadly weapon; or
(d)
With intent to inflict bodily harm, administers to or causes to be taken by
another, poison((, the human immunodeficiency virus as defined in chapter
70.24 RCW,)) or any other destructive or noxious substance; or
(e)
((With intent to inflict bodily harm, exposes or transmits human
immunodeficiency virus as defined in chapter 70.24 RCW; or
(f))) With
intent to commit a felony, assaults another; or
(((g)))
(f) Knowingly inflicts bodily harm which by design causes such pain or
agony as to be the equivalent of that produced by torture.
(2)
Assault in the second degree is a class B felony.
Sec.
3. RCW
9A.32.010 and 1987 c 187 s 2 are each amended to read as follows:
Homicide
is the killing of a human being by the act, procurement, or omission of
another, death occurring ((within three years and a day)) at any time,
and is either (1) murder, (2) homicide by abuse, (3) manslaughter, (4)
excusable homicide, or (5) justifiable homicide.
Sec.
4. RCW
9A.04.080 and 1995 c 287 s 5 and 1995 c 17 s 1 are each reenacted and amended
to read as follows:
(1)
Prosecutions for criminal offenses shall not be commenced after the periods
prescribed in this section.
(a)
The following offenses may be prosecuted at any time after their commission:
(i)
Murder;
(ii)
Homicide by abuse;
(iii)
Arson if a death results;
(iv)
Assault in the first degree if the assault is committed by administration,
exposure, or transmission of the human immunodeficiency virus as prohibited by
RCW 9A.36.011(1)(b).
(b)
The following offenses shall not be prosecuted more than ten years after their
commission:
(i)
Any felony committed by a public officer if the commission is in connection
with the duties of his or her office or constitutes a breach of his or her
public duty or a violation of the oath of office;
(ii)
Arson if no death results; or
(iii)
Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law
enforcement agency within one year of its commission; except that if the victim
is under fourteen years of age when the rape is committed and the rape is
reported to a law enforcement agency within one year of its commission, the
violation may be prosecuted up to three years after the victim's eighteenth
birthday or up to ten years after the rape's commission, whichever is later.
If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year,
the rape may not be prosecuted: (A) More than three years after its commission
if the violation was committed against a victim fourteen years of age or older;
or (B) more than three years after the victim's eighteenth birthday or more
than seven years after the rape's commission, whichever is later, if the
violation was committed against a victim under fourteen years of age.
(c)
Violations of the following statutes shall not be prosecuted more than three
years after the victim's eighteenth birthday or more than seven years after
their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083,
9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d)
The following offenses shall not be prosecuted more than six years after their
commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e)
The following offenses shall not be prosecuted more than five years after their
commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f)
Bigamy shall not be prosecuted more than three years after the time specified
in RCW 9A.64.010.
(g)
No other felony may be prosecuted more than three years after its commission.
(h)
No gross misdemeanor may be prosecuted more than two years after its
commission.
(i)
No misdemeanor may be prosecuted more than one year after its commission.
(2)
The periods of limitation prescribed in subsection (1) of this section do not
run during any time when the person charged is not usually and publicly
resident within this state.
(3)
If, before the end of a period of limitation prescribed in subsection (1) of
this section, an indictment has been found or a complaint or an information has
been filed, and the indictment, complaint, or information is set aside, then
the period of limitation is extended by a period equal to the length of time
from the finding or filing to the setting aside.
Sec.
5. RCW
70.24.034 and 1988 c 206 s 910 are each amended to read as follows:
(1)
((When)) After the procedures of RCW 70.24.024 have been
exhausted on one occasion for a person and the state or local public
health officer, within his or her respective jurisdiction, knows or has reason
to believe, because of ((medical information)) direct medical
knowledge or reliable testimony of others in a position to have direct
knowledge of a person's behavior, that ((a)) that person has
a sexually transmitted disease and that the person continues to engage in
behaviors that present an imminent danger to the public health as defined by
the board by rule based upon generally accepted standards of medical and public
health science, the public health officer:
(a)
Shall inform the local law enforcement agency of his or her knowledge or
beliefs, and shall convey to the local law enforcement agency all information
in the health officer's possession, relating to sexually transmitted disease
testing, diagnosis, or treatment concerning the person engaging in behavior
that presents an imminent danger to the public health. The public health
officer may provide the law enforcement agency with the identities of any
individuals known to the public health officer through investigations conducted
under RCW 70.24.024 to have been exposed to that person under circumstances
that provide an opportunity for transmission of a sexually transmitted
disease. The public health officer shall provide the local law enforcement
agency with the identities of all individuals who agree to the release of
identifying information and who are known by the public health officer to have
been exposed to that person under circumstances that provide an opportunity for
transmission of a sexually transmitted disease. A health care provider shall
provide to the local law enforcement agency, upon presentation of a warrant,
all information in his or her possession concerning the person engaging in
behavior that presents an imminent danger to the public health that relates in
any way to testing, diagnosis, or treatment for a sexually transmitted
disease. No action taken in good faith and in compliance with this subsection
is a violation of RCW 70.24.105 or 70.02.020;
(b)
May bring an action in superior court to detain the person in a facility
designated by the board for a period of time necessary to accomplish a program
of counseling and education, excluding any coercive techniques or procedures,
designed to get the person to adopt nondangerous behavior. In no case may the
period exceed ninety days under each order. The board shall establish, by
rule, standards for counseling and education under this subsection. The public
health officer shall request the prosecuting attorney to file such action in
superior court. During that period, reasonable efforts will be made in a
noncoercive manner to get the person to adopt nondangerous behavior.
(2)
If an action is filed as outlined in subsection (1) of this section, the
superior court, upon the petition of the prosecuting attorney, shall issue
other appropriate court orders including, but not limited to, an order to take
the person into custody immediately, for a period not to exceed seventy-two
hours, excluding Saturdays, Sundays, and holidays, and place him or her
in a facility designated or approved by the board. The person who is the
subject of the order shall be given written notice of the order promptly,
personally, and confidentially, stating the grounds and provisions of the
order, including the factual bases therefor, the evidence relied upon for proof
of infection and dangerous behavior, and the likelihood of repetition of such
behaviors in the absence of such an order, and notifying the person that if he
or she refuses to comply with the order he or she may appear at a hearing to
review the order and that he or she may have an attorney appear on his or her
behalf in the hearing at public expense, if necessary. If the person contests
testing or treatment, no invasive medical procedures shall be carried out prior
to a hearing being held pursuant to subsection (3) of this section.
(3)
The hearing shall be conducted no later than ((forty-eight)) seventy-two
hours, excluding Saturdays, Sundays, and holidays, after the receipt of
the order. The person who is subject to the order has a right to be present at
the hearing and may have an attorney appear on his or her behalf in the
hearing, at public expense if necessary. If the order being contested includes
detention for a period of fourteen days or longer, the person shall also have
the right to a trial by jury upon request. Upon conclusion of the hearing or
trial by jury, the court shall issue appropriate orders.
The
court may continue the hearing upon the request of the person who is subject to
the order for good cause shown for no more than five additional judicial days.
If a trial by jury is requested, the court, upon motion, may continue the
hearing for no more than ten additional judicial days. During the pendency of
the continuance, the court may order that the person contesting the order
remain in detention or may place terms and conditions upon the person which the
court deems appropriate to protect public health.
(4)
The burden of proof shall be on the state or local public health officer to
show by clear and convincing evidence that grounds exist for the issuance of
any court order pursuant to subsection (2) or (3) of this section. If the
superior court dismisses the order, the fact that the order was issued shall be
expunged from the records of the state or local department of health.
(5)
Any hearing conducted by the superior court pursuant to subsection (2) or (3)
of this section shall be closed and confidential unless a public hearing is
requested by the person who is the subject of the order, in which case the
hearing will be conducted in open court. Unless in open hearing, any
transcripts or records relating thereto shall also be confidential and may be
sealed by order of the court.
(6)
Any order entered by the superior court pursuant to subsection (1) or (2) of
this section shall impose terms and conditions no more restrictive than
necessary to protect the public health.
Sec.
6. RCW
70.24.105 and 1994 c 72 s 1 are each amended to read as follows:
(1)
No person may disclose or be compelled to disclose the identity of any person
who has investigated, considered, or requested a test or treatment for a
sexually transmitted disease, except as authorized by this chapter.
(2)
No person may disclose or be compelled to disclose the identity of any person
upon whom an HIV antibody test is performed, or the results of such a test, nor
may the result of a test for any other sexually transmitted disease when it is
positive be disclosed. This protection against disclosure of test subject,
diagnosis, or treatment also applies to any information relating to diagnosis
of or treatment for HIV infection and for any other confirmed sexually
transmitted disease. The following persons, however, may receive such
information:
(a)
The subject of the test or the subject's legal representative for health care
decisions in accordance with RCW 7.70.065, with the exception of such a
representative of a minor child over fourteen years of age and otherwise
competent;
(b)
Any person who secures a specific release of test results or information
relating to HIV or confirmed diagnosis of or treatment for any other sexually
transmitted disease executed by the subject or the subject's legal
representative for health care decisions in accordance with RCW 7.70.065, with
the exception of such a representative of a minor child over fourteen years of
age and otherwise competent;
(c)
The state public health officer, a local public health officer, or the centers
for disease control of the United States public health service in accordance
with reporting requirements for a diagnosed case of a sexually transmitted
disease;
(d)
A health facility or health care provider that procures, processes,
distributes, or uses: (i) A human body part, tissue, or blood from a deceased
person with respect to medical information regarding that person; (ii) semen,
including that provided prior to March 23, 1988, for the purpose of artificial
insemination; or (iii) blood specimens;
(e)
Any state or local public health officer conducting an investigation pursuant
to RCW 70.24.024, provided that such record was obtained by means of court
ordered HIV testing pursuant to RCW 70.24.340 or 70.24.024;
(f)
A person allowed access to the record by a court order granted after
application showing good cause therefor. In assessing good cause, the court
shall weigh the public interest and the need for disclosure against the injury
to the patient, to the physician-patient relationship, and to the treatment
services. Upon the granting of the order, the court, in determining the extent
to which any disclosure of all or any part of the record of any such test is
necessary, shall impose appropriate safeguards against unauthorized
disclosure. An order authorizing disclosure shall: (i) Limit disclosure to
those parts of the patient's record deemed essential to fulfill the objective
for which the order was granted; (ii) limit disclosure to those persons whose
need for information is the basis for the order; and (iii) include any other
appropriate measures to keep disclosure to a minimum for the protection of the
patient, the physician-patient relationship, and the treatment services,
including but not limited to the written statement set forth in subsection (5)
of this section;
(g)
Local law enforcement agencies to the extent provided in RCW 70.24.034;
(h)
Persons who, because of their behavioral interaction with the infected
individual, have been placed at risk for acquisition of a sexually transmitted
disease, as provided in RCW 70.24.022, if the health officer or authorized
representative believes that the exposed person was unaware that a risk of
disease exposure existed and that the disclosure of the identity of the
infected person is necessary;
(((h)))
(i) A law enforcement officer, fire fighter, health care provider,
health care facility staff person, or other persons as defined by the board in
rule pursuant to RCW 70.24.340(4), who has requested a test of a person whose
bodily fluids he or she has been substantially exposed to, pursuant to RCW 70.24.340(4),
if a state or local public health officer performs the test;
(((i)))
(j) Claims management personnel employed by or associated with an
insurer, health care service contractor, health maintenance organization,
self-funded health plan, state-administered health care claims payer, or any
other payer of health care claims where such disclosure is to be used solely
for the prompt and accurate evaluation and payment of medical or related
claims. Information released under this subsection shall be confidential and
shall not be released or available to persons who are not involved in handling
or determining medical claims payment; and
(((j)))
(k) A department of social and health services worker, a child placing
agency worker, or a guardian ad litem who is responsible for making or
reviewing placement or case-planning decisions or recommendations to the court
regarding a child, who is less than fourteen years of age, has a sexually
transmitted disease, and is in the custody of the department of social and
health services or a licensed child placing agency; this information may also
be received by a person responsible for providing residential care for such a
child when the department of social and health services or a licensed child
placing agency determines that it is necessary for the provision of child care
services.
(3)
No person to whom the results of a test for a sexually transmitted disease have
been disclosed pursuant to subsection (2) of this section may disclose the test
results to another person except as authorized by that subsection.
(4)
The release of sexually transmitted disease information regarding an offender,
except as provided in subsection (2)(e) of this section, shall be governed as
follows:
(a)
The sexually transmitted disease status of a department of corrections offender
shall be made available by department of corrections health care providers to a
department of corrections superintendent or administrator as necessary for
disease prevention or control and for protection of the safety and security of
the staff, offenders, and the public. The information may be submitted to
transporting officers and receiving facilities, including facilities that are
not under the department of correction's jurisdiction.
(b)
The sexually transmitted disease status of a person detained in a jail shall be
made available by the local public health officer to a jail administrator as
necessary for disease prevention or control and for protection of the safety
and security of the staff, offenders, and the public. The information may be
submitted to transporting officers and receiving facilities.
(c)
Information regarding a department of corrections offender's sexually
transmitted disease status is confidential and may be disclosed by a
correctional superintendent or administrator or local jail administrator only
as necessary for disease prevention or control and for protection of the safety
and security of the staff, offenders, and the public. Unauthorized disclosure
of this information to any person may result in disciplinary action, in
addition to any other penalties as may be prescribed by law.
(5)
Whenever disclosure is made pursuant to this section, except for subsections (2)(a)
and (6) of this section, it shall be accompanied by a statement in writing
which includes the following or substantially similar language: "This
information has been disclosed to you from records whose confidentiality is
protected by state law. State law prohibits you from making any further
disclosure of it without the specific written consent of the person to whom it
pertains, or as otherwise permitted by state law. A general authorization for
the release of medical or other information is NOT sufficient for this
purpose." An oral disclosure shall be accompanied or followed by such a
notice within ten days.
(6)
The requirements of this section shall not apply to the customary methods
utilized for the exchange of medical information among health care providers in
order to provide health care services to the patient, nor shall they apply
within health care facilities where there is a need for access to confidential
medical information to fulfill professional duties.
(7) Upon request of the victim, disclosure of test results under
this section to victims of sexual offenses under chapter 9A.44 RCW shall be
made if the result is negative or positive. The county prosecuting attorney
shall notify the victim of the right to such disclosure. Such disclosure shall
be accompanied by appropriate counseling, including information regarding
follow-up testing.
