| Passed by the Senate March 7, 2009 YEAS 44 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 6, 2009 YEAS 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5147 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved April 13, 2009, 4:02 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 14, 2009 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/15/09. Referred to Committee on Judiciary.
AN ACT Relating to criminal libel; amending RCW 43.06A.085; and repealing RCW 9.58.010, 9.58.020, 9.58.030, 9.58.040, 9.58.050, 9.58.060, 9.58.070, 9.58.080, 9.58.090, and 10.37.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The following acts or parts of acts are each
repealed:
(1) RCW 9.58.010 (Libel, what constitutes) and 1935 c 117 s 1, 1909
c 249 s 172, 1891 c 69 s 3, Code 1881 ss 1230, 1231, 1879 p 144 s 1, &
1869 p 383 ss 1, 2;
(2) RCW 9.58.020 (How justified or excused -- Malice, when presumed)
and 1909 c 249 s 173, Code 1881 s 1233, 1879 p 144 s 4, & 1869 p 384 s
3;
(3) RCW 9.58.030 (Publication defined) and 1909 c 249 s 174, Code
1881 s 1234, & 1869 p 384 s 5;
(4) RCW 9.58.040 (Liability of editors and others) and 1935 c 117
s 2, 1909 c 249 s 175, Code 1881 ss 1230, 1231, 1879 p 144 s 1, & 1869
p 383 ss 1, 2;
(5) RCW 9.58.050 (Report of proceedings privileged) and 1909 c 249
s 176;
(6) RCW 9.58.060 (Venue punishment restricted) and 1909 c 249 s
177;
(7) RCW 9.58.070 (Privileged communications) and 1909 c 249 s 178;
(8) RCW 9.58.080 (Furnishing libelous information) and 1909 c 249
s 179;
(9) RCW 9.58.090 (Threatening to publish libel) and 1909 c 249 s
180; and
(10) RCW 10.37.120 (Libel -- Innuendos -- Publication) and 1891 c 28 s
34, Code 1881 s 1019, 1873 p 227 s 202, & 1869 p 243 s 197.
Sec. 2 RCW 43.06A.085 and 1999 c 390 s 7 are each amended to read
as follows:
(1) An employee of the office of the family and children's
ombudsman is not liable for good faith performance of responsibilities
under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be
taken against an employee of the department, an employee of a
contracting agency of the department, a foster parent, or a recipient
of family and children's services for any communication made, or
information given or disclosed, to aid the office of the family and
children's ombudsman in carrying out its responsibilities, unless the
communication or information is made, given, or disclosed maliciously
or without good faith. This subsection is not intended to infringe on
the rights of the employer to supervise, discipline, or terminate an
employee for other reasons.
(3) All communications by an ombudsman, if reasonably related to
the requirements of that individual's responsibilities under this
chapter and done in good faith, are privileged ((under RCW 9.58.070))
and that privilege shall serve as a defense in any action in libel or
slander.