BILL REQ. #:  Z-0963.1 

Prefiled 12/07/09. Read first time 01/11/10.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to vulnerable adults; amending RCW 9.94A.533, 30.22.210, and 74.34.035; adding a new section to chapter 74.34 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature recognizes that: (1) Crimes against vulnerable adults are serious crimes against society; and (2) vulnerable adult victims of crime deserve the maximum protection which the law and those who enforce the law can provide. All too often, adults are targeted because of their vulnerability. The ability of vulnerable adults to protect themselves may be compromised because of issues surrounding their health, lack of mobility, memory loss, or their inability to communicate.

Sec. 2   RCW 9.94A.533 and 2009 c 141 s 2 are each amended to read as follows:
     (1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.
     (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by seventy-five percent.
     (3) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (a) Five years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
     (b) Three years for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
     (c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
     (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, all firearm enhancements under this subsection shall be twice the amount of the enhancement listed;
     (e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(((4)));
     (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony;
     (g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
     (4) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (a) Two years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
     (b) One year for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
     (c) Six months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
     (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed;
     (e) Notwithstanding any other provision of law, all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(((4)));
     (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony;
     (g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
     (5) The following additional times shall be added to the standard sentence range if the offender or an accomplice committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section:
     (a) Eighteen months for offenses committed under RCW 69.50.401(2) (a) or (b) or 69.50.410;
     (b) Fifteen months for offenses committed under RCW 69.50.401(2) (c), (d), or (e);
     (c) Twelve months for offenses committed under RCW 69.50.4013.
     For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
     (6) An additional twenty-four months shall be added to the standard sentence range for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or ((9.94A.605)) 9.94A.827. All enhancements under this subsection shall run consecutively to all other sentencing provisions, for all offenses sentenced under this chapter.
     (7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.
     (8)(a) The following additional times shall be added to the standard sentence range for felony crimes committed on or after July 1, 2006, if the offense was committed with sexual motivation, as that term is defined in RCW 9.94A.030. If the offender is being sentenced for more than one offense, the sexual motivation enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to a sexual motivation enhancement. If the offender committed the offense with sexual motivation and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (i) Two years for any felony defined under the law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;
     (ii) Eighteen months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;
     (iii) One year for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;
     (iv) If the offender is being sentenced for any sexual motivation enhancements under (a)(i), (ii), and/or (iii) of this subsection and the offender has previously been sentenced for any sexual motivation enhancements on or after July 1, 2006, under (a)(i), (ii), and/or (iii) of this subsection, all sexual motivation enhancements under this subsection shall be twice the amount of the enhancement listed;
     (b) Notwithstanding any other provision of law, all sexual motivation enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(((4)));
     (c) The sexual motivation enhancements in this subsection apply to all felony crimes;
     (d) If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a sexual motivation enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced;
     (e) The portion of the total confinement sentence which the offender must serve under this subsection shall be calculated before any earned early release time is credited to the offender;
     (f) Nothing in this subsection prevents a sentencing court from imposing a sentence outside the standard sentence range pursuant to RCW 9.94A.535.
     (9) An additional one-year enhancement shall be added to the standard sentence range for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on or after July 22, 2007, if the offender engaged, agreed, or offered to engage the victim in the sexual conduct in return for a fee. If the offender is being sentenced for more than one offense, the one-year enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to the enhancement. If the offender is being sentenced for an anticipatory offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted, solicited another, or conspired to engage, agree, or offer to engage the victim in the sexual conduct in return for a fee, an additional one-year enhancement shall be added to the standard sentence range determined under subsection (2) of this section. For purposes of this subsection, "sexual conduct" means sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
     (10)(a) For a person age eighteen or older convicted of any criminal street gang-related felony offense for which the person compensated, threatened, or solicited a minor in order to involve the minor in the commission of the felony offense, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by one hundred twenty-five percent. If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence is the presumptive sentence unless the offender is a persistent offender.
     (b) This subsection does not apply to any criminal street gang-related felony offense for which involving a minor in the commission of the felony offense is an element of the offense.
     (c) The increased penalty specified in (a) of this subsection is unavailable in the event that the prosecution gives notice that it will seek an exceptional sentence based on an aggravating factor under RCW 9.94A.535.
     (11) An additional twelve months and one day shall be added to the standard sentence range for a conviction of attempting to elude a police vehicle as defined by RCW 46.61.024, if the conviction included a finding by special allegation of endangering one or more persons under RCW 9.94A.834.
     (12) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.831.
     (13) The following additional times shall be added to the standard sentence range for felony crimes committed after July 1, 2009, if the victim was a vulnerable adult as defined in RCW 74.34.020, at the time of the offense. If the offender is being sentenced for more than one offense, the enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to an enhancement. If the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (a) Five years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;
     (b) Three years for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;
     (c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;
     (d) All vulnerable adult enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728;
     (e) If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a vulnerable adult enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

Sec. 3   RCW 30.22.210 and 1981 c 192 s 21 are each amended to read as follows:
     (1) Nothing contained in this chapter shall be deemed to require any financial institution to make any payment from an account to a depositor, or any trust or P.O.D. account beneficiary, or any other person claiming an interest in any funds deposited in the account, if the financial institution has actual knowledge of the existence of a dispute between the depositors, beneficiaries, or other persons concerning their respective rights of ownerships to the funds contained in, or proposed to be withdrawn, or previously withdrawn from the account, or in the event the financial institution is otherwise uncertain as to who is entitled to the funds pursuant to the contract of deposit. In any such case, the financial institution may, without liability, notify, in writing, all depositors, beneficiaries, or other persons claiming an interest in the account of either its uncertainty as to who is entitled to the distributions or the existence of any dispute, and may also, without liability, refuse to disburse any funds contained in the account to any depositor, and/or trust or P.O.D. account beneficiary thereof, and/or other persons claiming an interest therein, until such time as either:
     (((1))) (a) All such depositors and/or beneficiaries have consented, in writing, to the requested payment; or
     (((2))) (b) The payment is authorized or directed by a court of proper jurisdiction.
     (2) Except as provided in subsection (1) of this section, if a financial institution reasonably believes that financial exploitation of a vulnerable adult, as defined in RCW 74.34.020, has occurred, has been attempted, or is being attempted, the financial institution may, but is not required to, refuse a transaction requiring disbursal of funds contained in the account of the vulnerable adult, an account on which the vulnerable adult is a beneficiary, including a trust or guardianship account, or an account of a person suspected of perpetrating financial exploitation of a vulnerable adult pending an investigation by the financial institution, the department of social and health services, or law enforcement. A financial institution may refuse to disburse funds under this subsection if the department of social and health services, law enforcement, or the prosecuting attorney's office provides information to the financial institution demonstrating that it is reasonable to believe that exploitation of a vulnerable adult, as defined in RCW 74.34.020, has occurred, has been attempted, or is being attempted.
     (a) A financial institution is not required to refuse to disburse funds when provided with information alleging that financial exploitation has occurred, has been attempted, or is being attempted, but may determine whether to do so based on the information it has and within its discretion. A financial institution and its employees are immune from criminal, civil, and administrative liability for its good faith determination of whether or not to refuse to disburse funds based on information that financial exploitation of a vulnerable adult has occurred, has been attempted, or is being attempted, and for its actions taken in furtherance of such determination.
     (b) A financial institution that refuses to disburse funds based upon a reasonable belief that financial exploitation of a vulnerable adult has occurred, has been attempted, or is being attempted, will notify all depositors, beneficiaries, or other persons claiming an interest therein for whom contact information is available to the institution orally or in writing and shall fax a report to the adult protective services division of the department of social and health services and local law enforcement. Any refusal to disburse funds as authorized by this section based on a financial institution's reason to believe that financial exploitation has occurred, has been attempted, or is being attempted will expire upon the sooner of:
     (i) Three business days after the date on which the financial institution first refused to disburse the funds, unless sooner terminated by an order of a court of competent jurisdiction; or
     (ii) At the time that the financial institution is satisfied, that the disbursement will not result in financial exploitation.
     (c) A court of competent jurisdiction may enter an order extending a financial institution's refusal to disburse funds based on reason to believe that financial exploitation has occurred, has been attempted, or is being attempted and/or order other protective relief as necessary, as authorized by RCW 7.40.010 or 74.34.130.

Sec. 4   RCW 74.34.035 and 2003 c 230 s 2 are each amended to read as follows:
     (1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.
     (2) When there is reason to suspect that sexual assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.
     (3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:
     (a) Mandated reporters shall immediately report to the department; and
     (b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.
     (4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:
     (a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;
     (b) There is a fracture;
     (c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or
     (d) There is an attempt to choke a vulnerable adult.
     (5) Mandated reporters shall report the death of a vulnerable adult to the medical examiner or coroner having jurisdiction pursuant to RCW 68.50.020 in the most expeditious manner possible, when the circumstances indicate that death was caused by, or suspected to be caused by, abuse, neglect, or abandonment by another person. The mandated reporter shall also report the death, in the most expeditious manner possible, to the law enforcement agency having jurisdiction and to the department. A mandated reporter is not relieved from the reporting requirement provisions of this section by the existence of a previously signed death certificate. The death of a vulnerable adult, where abuse, neglect, or abandonment caused or contributed to the death, is a death caused by unnatural or unlawful means and the body shall be the jurisdiction of the coroner or medical examiner pursuant to RCW 68.50.010.
     (6) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.
     (((6))) (7) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.
     (((7))) (8) Each report, oral or written, must contain as much as possible of the following information:
     (a) The name and address of the person making the report;
     (b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;
     (c) The name and address of the legal guardian or alternate decision maker;
     (d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;
     (e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;
     (f) The identity of the alleged perpetrator, if known; and
     (g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.
     (((8))) (9) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

NEW SECTION.  Sec. 5   A new section is added to chapter 74.34 RCW to read as follows:
     (1) A financial institution, as defined in RCW 30.22.040 and 30.22.041, must ensure that existing employees who have contact with customers and account information on a regular basis and as part of their job receive training concerning the financial exploitation of vulnerable adults within one year of the effective date of this section, and must thereafter provide the training to any new employees who have contact with account information as part of their new employee orientation. The training must include recognition of indicators of financial exploitation, how employees may report suspected financial exploitation to the department and to law enforcement as permissive reporters, and what steps employees may take to prevent suspected financial exploitation, consistent with the employing institution's agreement with customers, or as otherwise authorized by law. The attorney general's office and the department will develop a standardized training that financial institutions may offer, or the financial institution may develop its own training.
     (2) Financial institutions may provide access to or copies of records which are relevant to suspected financial exploitation or attempted financial exploitation of a vulnerable adult to the department, law enforcement, or the prosecuting attorney's office, consistent with a referral to the department, law enforcement, or prosecuting attorney's office, or as requested by the department, law enforcement, or prosecuting attorney's office as part of an investigation. The records may include those relating to the most recent transaction or transactions which may comprise financial exploitation, as well as historical records.
     (3) No criminal, civil, or administrative liability shall attach to any financial institution or employee for conduct conforming with the reporting or prevention of financial exploitation or the provision of access to or copies of records to the department, law enforcement, or prosecuting attorney's office as provided in this chapter, the provisions of the financial institution's customer agreements, or as otherwise provided by law.