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


_____________________________________________ 

SUBSTITUTE HOUSE BILL 3083
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2004 Regular Session
State of Washington58th Legislature2004 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.