Z‑0379.1   _____________________________________________

SENATE BILL 5451

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Costa, Kline, McCaslin and Kohl‑Welles; by request of Attorney General

Read first time 01/23/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to actions for crimes of violence motivated by

_2  gender; and adding a new chapter to Title 7 RCW.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      NEW SECTION. Sec. 1.  (1) All persons in this state have the

_5  right to be free from crimes of violence motivated by gender.

_6      (2)  In any action, a person who commits a crime of violence

_7  motivated by gender is liable to the injured party for

_8  compensatory damages, injunctive relief and declaratory relief,

_9  and any other relief the court deems appropriate.

10      (3)  This section does not:

11      (a)  Establish a cause of action for random acts of violence

12  that are unrelated to gender or for acts that cannot be

13  demonstrated by a preponderance of the evidence to be motivated by

14  gender; or

15      (b)  Require a prior criminal complaint, prosecution, or

16  conviction to establish the elements of a cause of action under

17  subsection (2) of this section.

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_1      (4)  A party who prevails in an action to enforce this section

_2  shall recover reasonable attorney fees and costs.

_3      (5)  For the purposes of this section:

_4      (a)  "Crime of violence" means an act or acts that would

_5  constitute a felony against the person or property if the act

_6  presents a serious risk of physical injury to another person,

_7  whether or not the act or acts resulted in criminal charges,

_8  prosecution, or conviction, and includes any offense involving

_9  domestic violence as defined in RCW 10.99.020.

10      (b)  "Crime of violence motivated by gender" means a crime of

11  violence that is committed because of gender or on the basis of

12  gender and that is due at least in part to an animus based on the

13  victim's gender.

14      NEW SECTION. Sec. 2.  Section 1 of this act constitutes a new

15  chapter in Title 7 RCW.

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