H-1065.3 _______________________________________________
HOUSE BILL 2020
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representatives Esser, Carrell, Edmonds, Lambert, Lovick and McDonald
Read first time 02/12/1999. Referred to Committee on Judiciary.
AN ACT Relating to false accusations in certain court proceedings; adding a new section to chapter 26.44 RCW; adding a new section to chapter 26.50 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds and declares that:
(a) Truth is the most important factor in our justice system, and without the requirement that people tell the truth under oath, the justice system becomes unreliable, easily misused, and eventually ineffectual;
(b) Parties involved in family law proceedings, such as dissolutions, child custody, and other domestic proceedings, are involved in highly sensitive and emotional situations. However, despite such volatile situations, the parties are entitled to truth and accuracy in these proceedings, especially when a party's reputation or involvement with his or her child is at stake.
(2) The legislature intends to deter intentional false accusations of child abuse or neglect and domestic violence in proceedings related to parenting plans, child custody, and domestic violence to ensure that those proceedings remain reliable and beneficial to the parties involved.
NEW SECTION. Sec. 2. A new section is added to chapter 26.44 RCW to read as follows:
(1) If a court determines that a false accusation of child abuse or neglect has been made during a proceeding under this title relating to a parenting plan or child custody, and the person making or the person enticing another to make the accusation knew it to be false at the time the accusation was made, the court may impose a monetary penalty, not to exceed one thousand dollars and reasonable attorneys' fees incurred in recovering the penalty, against the person making or the person enticing another to make the accusation. The remedy provided by this subsection is in addition to any other remedy or penalty provided by law.
(2) A person is guilty of a class C felony punishable under chapter 9A.20 RCW if he or she intentionally makes or entices another to make a false accusation of child abuse or neglect during a proceeding under this title relating to a parenting plan or child custody and the person making or the person enticing another to make the accusation knew it to be false at the time the accusation is made.
NEW SECTION. Sec. 3. A new section is added to chapter 26.50 RCW to read as follows:
(1) If a court determines that a false accusation of domestic violence has been made in a petition filed under this chapter or during a proceeding under this chapter, and the person making or the person enticing another to make the accusation knew it to be false at the time the accusation was made, the court may impose a monetary penalty, not to exceed one thousand dollars and reasonable attorneys' fees incurred in recovering the penalty, against the person making or the person enticing another to make the accusation. The remedy provided by this subsection is in addition to any other remedy or penalty provided by law.
(2) A person is guilty of a class C felony punishable under chapter 9A.20 RCW if he or she intentionally makes or entices another to make a false accusation of domestic violence in a petition filed under this chapter or during a proceeding under this chapter and the person making or the person enticing another to make the accusation knew it to be false at the time the accusation is made.
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