ESSB 5171 -
By Committee on Juvenile Justice & Family Law
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The purpose of this act is to ensure the
health, safety, and general welfare of Washington's school children,
teachers, and school staff. The purpose of this act is to give
guidance to principals and their designees regarding their duty to
report incidents to law enforcement officials when it is reasonable to
suspect that a significant crime has occurred. It is the intent of the
legislature to ensure that agents of law enforcement, who are trained
investigators, are alerted and called upon to determine whether or not
there is probable cause to believe a crime has been committed in
serious cases. This act is also intended to reduce potential tort
liability that could arise from unreported criminal activity.
NEW SECTION. Sec. 2 A new section is added to chapter 28A.320
RCW to read as follows:
(1)(a) When a principal or the principal's designee of a school has
reasonable cause to believe that a person has committed, on school
grounds or at an event sponsored by the school, a drug offense or a
crime against a person that causes severe injury, that school
administrator shall report such incident, or cause a report to be made,
to the proper law enforcement agency. The report may be made by
telephone, in person, or on paper.
(b) For purposes of this subsection:
(i) "Severe injury" means: Any single act that causes physical
trauma of sufficient severity that, if left untreated, could cause
death; any sex offense; any single act that causes significant bleeding
that, if left untreated, could cause death or serious physical
impairment or loss of function; or more than one act, each of which
causes significant bleeding that, if left untreated, could cause death
or serious physical impairment or loss of function, bone fracture, or
unconsciousness; and
(ii) "Crime against a person" has the meaning set out in RCW
9.94A.411.
(c) The report must be made at the first opportunity, but in no
case longer than seventy-two hours after there is reasonable cause to
believe that a drug offense or severe injury has occurred. The report
must include the identity of the accused, if known.
(2) A principal or the principal's designee who, in good faith and
without gross negligence, cooperates in an investigation arising as a
result of a report made pursuant to this section shall not be subject
to civil liability arising out of his or her cooperation. This
subsection does not apply to a person who committed the acts reported
pursuant to this section."
Correct the title.