HOUSE BILL 2672





                        57th Legislature

                      2002 Regular Session


Passed by the House March 11, 2002

  Yeas 96   Nays 0




Speaker of the House of Representatives







Passed by the Senate March 2, 2002

  Yeas 45   Nays 3



I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2672  as passed by the House of Representatives and the Senate on the dates hereon set forth.




                          Chief Clerk






President of the Senate




Approved Place Style On Codes above, and Style Off Codes below.                




Governor of the State of Washington

                   Secretary of State

                  State of Washington



                          HOUSE BILL 2672



                     AS AMENDED BY THE SENATE


             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2002 Regular Session


By Representatives Kirby, O'Brien, Ballasiotes, Morell, Darneille, Lovick and Kagi


Read first time 01/23/2002.  Referred to Committee on Judiciary.

Limiting the liability of providers of treatment to high risk offenders.  

    AN ACT Relating to limiting the liability of providers of treatment to high risk offenders; and adding a new section to chapter 71.24 RCW.




    NEW SECTION.  Sec. 1.  A new section is added to chapter 71.24 RCW to read as follows:

    (1) A licensed service provider or regional support network, acting in the course of the provider's or network's duties under this chapter, is not liable for civil damages resulting from the injury or death of another caused by a dangerous mentally ill offender who is a client of the provider or network, unless the act or omission of the provider or network constitutes:

    (a) Gross negligence;

    (b) Willful or wanton misconduct; or

    (c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.

    (2) In addition to any other requirements to report violations, the licensed service provider and regional support network shall report an offender's expressions of intent to harm or other predatory behavior, regardless of whether there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment.

    (3) A licensed service provider's or regional support network's mere act of treating a dangerous mentally ill offender is not negligence.  Nothing in this subsection alters the licensed service provider's or regional support network's normal duty of care with regard to the client.

    (4) The limited liability provided by this section applies only to the conduct of licensed service providers and regional support networks and does not apply to conduct of the state.

    (5) For purposes of this section, "dangerous mentally ill offender" means a person who has been identified under RCW 72.09.370 as an offender who:  (a) Is reasonably believed to be dangerous to himself or herself or others; and (b) has a mental disorder.


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