CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 3083

Chapter 37, Laws of 2004

58th Legislature
2004 Regular Session

CHILD ABUSE INVESTIGATIONS--IMMUNITY

EFFECTIVE DATE: 6/10/04

Passed by the House March 9, 2004 Yeas 95 Nays 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 5, 2004 Yeas 49 Nays 0 BRAD OWEN ________________________________________ President of the Senate		CERTIFICATE I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 3083 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk
Approved March 22, 2004. GARY LOCKE ________________________________________ Governor of the State of Washington		FILED March 22, 2004 - 4:23 p.m. Secretary of State State of Washington

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SUBSTITUTE HOUSE BILL 3083
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AS AMENDED BY THE SENATE
Passed Legislature - 2004 Regular Session

State of Washington

58th Legislature

2004 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Kagi, Boldt, Dickerson, Orcutt, Pettigrew and Darneille)

READ FIRST TIME 02/06/04.

AN ACT Relating to immunity for any person who cooperates with an investigation of child abuse or neglect; and amending RCW 26.44.060.

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

Sec. 1   RCW 26.44.060 and 1997 c 386 s 29 are each amended to read as follows:
     (1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.
     (b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.
     (2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.
     (3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.
     (4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.
     (5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter, shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the child abuse or neglect to occur.

         Passed by the House March 9, 2004.
         Passed by the Senate March 5, 2004.
         Approved by the Governor March 22, 2004.
         Filed in Office of Secretary of State March 22, 2004.