BILL REQ. #:  H-4462.1 

Read first time 01/24/2006.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to protecting persons with developmental disabilities from perpetrators who commit their crimes while providing transportation, within the course of their employment, to persons with developmental disabilities; amending RCW 9A.44.050 and 9A.44.100; prescribing penalties; and declaring an emergency.

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

Sec. 1   RCW 9A.44.050 and 1997 c 392 s 514 are each amended to read as follows:
     (1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:
     (a) By forcible compulsion;
     (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
     (c) When the victim is ((developmentally disabled)) a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation to the victim at the time of the offense within the course of his or her employment;
     (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;
     (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
     (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.
     (2) Rape in the second degree is a class A felony.

Sec. 2   RCW 9A.44.100 and 2003 c 53 s 67 are each amended to read as follows:
     (1) A person is guilty of indecent liberties when he or she knowingly causes another person who is not his or her spouse to have sexual contact with him or her or another:
     (a) By forcible compulsion;
     (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
     (c) When the victim is ((developmentally disabled)) a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation to the victim at the time of the offense within the course of his or her employment;
     (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;
     (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
     (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.
     (2)(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.
     (b) Indecent liberties by forcible compulsion is a class A felony.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.