1645 AMH CARR ADAM 48

HB 1645 - H AMD 0075 WITHDRAWN 3-15-03

By Representative Carrell

Beginning on page 2, line 7, strike all of sections 2 and 3 and insert the following:

"NEW SECTION. Sec. 2 A new section is added to chapter 59.18 RCW to read as follows:

The definitions in this section apply throughout this section and sections 3 through 5 of this act unless the context clearly requires otherwise.

(1) "Domestic violence" has the same meaning as set forth in RCW 26.50.010.

(2) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.

(3) "Stalking" has the same meaning as set forth in RCW 9A.46.110.

(4) "Qualified third party" means any of the following people acting in their official capacity:

(a) Law enforcement officers;

(b) Persons subject to the provisions of chapter 18.120 RCW;

(d) Licensed mental health professionals or other licensed counselors;

(e) Other licensed professionals who specialize in working with victims of domestic violence, sexual assault or stalking; and

(f) Members of the clergy as defined in RCW 26.44.020.

(5) "Household member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault.

(6) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords.

(7) "Credit reporting agency" has the same meaning as set forth in RCW 19.182.010(5).

NEW SECTION. Sec. 3 A new section is added to chapter 59.18 RCW to read as follows:

(1)(a) If a tenant notifies the landlord in writing that he or she or a household member is a victim of domestic violence, sexual assault, or stalking, and either (a)(i) or (ii) of this subsection applies, then subsection (2) of this section applies:

(i) The tenant or the household member has a valid order for protection under one or more of the following: Chapters 26.50 or 26.26 RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, 10.99.040 (2) or (3), or 26.09.050; or

(ii) The tenant or the household member has reported the domestic violence, sexual assault, or stalking to a qualified third party acting in his or her official capacity and the qualified third party has provided the tenant or the household member a written record of the report signed by the qualified third party.

(b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under chapter 59.12 RCW. However, the request to terminate the rental agreement must occur within ninety days of a reported act, event, or circumstance that gave rise to the protective order or report to a qualified third party. A record of the report to a qualified third party shall consist of a document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act or acts of domestic violence, sexual assault, or stalking; (ii) the time and date the act or acts occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence, sexual assault, or stalking; and (v) the name of the alleged perpetrator or perpetrators of the act or acts. The record of the report to a qualified third party may be accomplished by completion of a form provided by the qualified third party, in substantially the following form:

[Name of organization, agency, clinic, professional service provider]
I and/or my . . . . . . (household member) am/is a victim of
	. . . domestic violence as defined by RCW 26.50.010.
	. . . sexual assault as defined by RCW 70.125.030.
	. . . stalking as defined by RCW 9A.46.110.
Briefly describe the incident of domestic violence, sexual assault or stalking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and at the following location(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The incident(s) that I rely on in support of this declaration were committed by the following person(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Dated at . . . . . . . . . . (city) . ., Washington, this . . . day of . . . ., 20. ..
		Signature of Tenant or Household Member
I verify that I have provided to the person whose signature appears above the statutes cited in RCW 59.18.--- (section 3 of this act) and that the individual informed me of his or her status as a victim of domestic violence, sexual assault, or stalking on this . . . day of . . . ., 20. ..
		Signature of authorized officer/employee of (organization, agency, clinic, professional service provider) who is a qualified third party

(2) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the last day of the month of the quitting date. The tenant shall remain liable for the rent for the month in which he or she terminated the rental agreement unless the termination is in accordance with RCW 59.18.200(1). Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit, subject to RCW 59.18.020 and 59.18.280. Other tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking, or domestic violence, are not released from their obligations under the rental agreement or other obligations under this chapter.

(3) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, or stalking with a qualified third party pursuant to RCW 5.60.060, 70.123.075, or 70.125.065. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal proceeding against the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification itself, and no other privileged information, under subsection (1)(b) of this section may be used in civil proceedings brought under this section."

EFFECT: Changes the definition of "qualified third party" to: (1) Remove attorneys, social workers, and advocates working at an agency that assists victims; and (2) add "other licensed professionals who specialize in working with victims.

Requires the written record of a report of abuse to a qualified third party to include the following additional information: (1) A brief description of the act of domestic violence, sexual assault or stalking; (2) the time, date, and location of the act; and (3) the name of the perpetrator.