Passed by the Senate February 10, 2012 YEAS 47   ________________________________________ President of the Senate Passed by the House February 27, 2012 YEAS 96   ________________________________________ 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 SUBSTITUTE SENATE BILL 6100 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/24/12.
AN ACT Relating to clarifying and updating the administration of sexual assault grant programs by the department of commerce; amending RCW 43.280.010, 43.280.011, 43.280.020, 43.280.050, 43.280.060, 43.280.070, 43.280.080, 43.280.090, 70.125.020, 70.125.065, 5.60.060, and 42.56.370; reenacting and amending RCW 70.125.030; and repealing RCW 43.280.030, 43.280.081, 74.14B.060, 70.125.040, 70.125.050, 70.125.055, and 70.125.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.280.010 and 1996 c 123 s 2 are each amended to read
as follows:
The legislature recognizes the need to increase the services
available to the victims of ((sex offenders)) sexual assault. The
legislature also recognizes that these services are most effectively
planned and provided at the local level through the combined efforts of
concerned community and citizens groups, treatment providers, and local
government officials. The legislature further recognizes that adequate
((treatment)) services for victims is not only a matter of justice for
the victim, but also a method by which additional abuse can be
prevented.
The legislature intends to enhance the community-based
((treatment)) services available to the victims of ((sex offenders))
sexual assault by:
(1) Providing consolidated funding support for local ((treatment))
programs which provide services to victims of ((sex offenders)) sexual
assault, as defined in RCW 70.125.030;
(2) Providing technical assistance and support to help communities
plan for and provide ((treatment)) victim services;
(3) Providing sexual assault services with a victim-focused
mission, and consistent standards, policies, and ((contracting))
granting and reporting requirements; and
(4) Providing communities and local ((treatment)) victim service
providers with opportunities to share information about successful
prevention and treatment programs.
Sec. 2 RCW 43.280.011 and 1996 c 123 s 1 are each amended to read
as follows:
The Washington state sexual assault services advisory committee
issued a report to the department of ((community, trade, and economic
development)) commerce and the department of social and health services
in June of 1995. The committee made several recommendations to improve
the delivery of services to victims of sexual ((abuse and)) assault:
(1) Consolidate the administration and funding of sexual assault and
abuse services in one agency instead of splitting those functions
between the department of social and health services and the department
of ((community, trade, and economic development)) commerce; (2) adopt
a funding allocation plan to pool all funds for sexual assault services
and to distribute them across the state to ensure the delivery of core
and specialized services; (3) establish service, data collection, and
management standards and outcome measurements for recipients of grants;
and (4) create a data collection system to gather pertinent data
concerning the delivery of sexual assault services to victims.
The legislature approves the recommendations of the advisory
committee and consolidates the functions and funding for sexual assault
services in the department of ((community, trade, and economic
development)) commerce to implement the advisory committee's
recommendations.
((The legislature does not intend to effect a reduction in service
levels within available funding by transferring department of social
and health services' powers and duties to the department of community,
trade, and economic development. At a minimum, the department of
community, trade, and economic development shall distribute the same
percentage of the services it provides victims of sexual assault and
abuse, pursuant to RCW 43.280.020, 70.125.080, and 74.14B.060, to
children as were distributed to children through these programs in
fiscal year 1996.))
Sec. 3 RCW 43.280.020 and 1996 c 123 s 3 are each amended to read
as follows:
((There is established in)) (1) The department of ((community,
trade, and economic development a grant program to enhance the funding
for treating the victims of sex offenders)) commerce is authorized to
distribute funds that have been allocated to the grant program that it
administers for serving victims of sexual assault.
(2) Activities that can be funded through this grant program are
limited to those that:
(((1))) (a) Provide effective ((treatment)) services to victims of
((sex offenders)) sexual assault;
(((2))) (b) Increase access to and availability of ((treatment))
services for victims of ((sex offenders)) sexual assault, particularly
if from underserved populations; and
(((3))) (c) Create or build on efforts by existing community
programs, coordinate those efforts, or develop cooperative efforts or
other initiatives to make the most effective use of resources to
provide treatment services to these victims.
(3) Funding ((shall be given)) for core, specialized, and
underserved populations services, as defined in RCW 70.125.030, must be
distributed through a funding formula to those applicants that
emphasize providing stable, victim-((focused)) centered sexual
((abuse)) assault services and possess the qualifications to provide
((core)) those services((, as defined in RCW 70.125.030.)).
Funds for specialized services, as defined in RCW 70.125.030, shall
be disbursed through the request for proposal or request for
qualifications process
(4) The department of commerce shall ensure that grant recipients
assist victims to utilize private insurance and crime victims'
compensation benefits first before grant funds are used for therapy
services.
Sec. 4 RCW 43.280.050 and 1996 c 123 s 4 are each amended to read
as follows:
(1) At a minimum, grant applications for specialized and
underserved services must include the following:
(((1))) (a) The geographic area from which the victims to be served
are expected to come;
(((2))) (b) A description of the extent and effect of the needs of
these victims within the relevant geographic area;
(((3))) (c) A proposed budget and an explanation of how the funds
will be used, their relationship to existing services available within
the community, and the need that they will fulfill;
(((4))) (d) An explanation of what community organizations were
involved in the community coordination that resulted in the development
of the proposal; and
(((5))) (e) Documentation of the applicant's capacity to provide
((core and)) specialized services and services for underserved
populations, as defined in ((RCW 70.125.030, provided by the
applicant,)) this chapter, and a description of how the applicant
intends to comply with service((,)) standards and data collection((,
and management standards)) as established by the department((; and)).
(6) An evaluation methodology
(2) At a minimum, grant applications for core services must include
the following:
(a) The geographic area from which the victims to be served are
expected to come;
(b) Assurance of the applicant's compliance with service standards,
data collection, and management standards established by the
department; and
(c) Documentation of the applicant's capacity to provide core
services, as defined in this chapter.
Sec. 5 RCW 43.280.060 and 1996 c 123 s 5 are each amended to read
as follows:
(1) Subject to funds appropriated by the legislature, the
department of ((community, trade, and economic development)) commerce
shall make awards under the grant program established by RCW
43.280.020.
(2) ((To aid the department of community, trade, and economic
development in making its funding determinations, the department shall
form a peer review committee comprised of individuals who are
knowledgeable or experienced in the management or delivery of treatment
services to victims of sex offenders. The peer review committee shall
advise the department on the extent to which each eligible applicant
meets the treatment and management standards, as developed by the
department. The department shall consider this advice in making
awards.)) Activities funded under this section may be considered for
funding in future years, but shall be considered under the same terms
and criteria as new activities. Funding under this chapter shall not
constitute an obligation by the state of Washington to provide ongoing
funding.
(3)
Sec. 6 RCW 43.280.070 and 1995 c 399 s 115 are each amended to
read as follows:
The department of ((community, trade, and economic development))
commerce may receive such gifts, grants, and endowments from public or
private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of this chapter and
expend the same or any income therefrom according to the terms of the
gifts, grants, or endowments.
Sec. 7 RCW 43.280.080 and 1995 c 241 s 1 are each amended to read
as follows:
The office of crime victims advocacy is established in the
department of ((community, trade, and economic development)) commerce.
The office shall assist communities in planning and implementing
services for crime victims, advocate on behalf of crime victims in
obtaining needed services and resources, and advise local and state
governments on practices, policies, and priorities that impact crime
victims. In addition, the office shall administer grant programs for
((sexual assault treatment and prevention services, as authorized in
this chapter)) services to victims of crime and prevention activities
as authorized by state or federal legislation, budget, or executive
order. The department shall seek, receive, and make use of any funds
which may be available from federal or other sources to augment state
funds appropriated for the purpose of this section, and shall make
every effort to qualify for federal funding.
Sec. 8 RCW 43.280.090 and 1995 c 269 s 2102 are each amended to
read as follows:
The director of the department of ((community, trade, and economic
development)) commerce may establish ad hoc advisory committees, as
necessary, to obtain advice and guidance regarding the office of crime
victims advocacy program.
Sec. 9 RCW 70.125.020 and 1979 ex.s. c 219 s 2 are each amended
to read as follows:
(((1))) The legislature hereby finds and declares that:
(((a) Sexual assault has become one of the most rapidly increasing
violent crimes over the last decade;)) (1) Sexual assault is a serious crime in society, affecting
a large number of children, women, and men each year;
(b) There is a lack of essential information and data concerning
sexual assault;
(c) There is a lack of adequate training for law enforcement
officers concerning sexual assault, the victim, the offender, and the
investigation;
(d) There is a lack of community awareness and knowledge concerning
sexual assault and the physical and psychological impact upon the
victim;
(e) There is a lack of public information concerning sexual assault
prevention and personal self-protection;
(f) Because of the lack of information, training, and services, the
victims of sexual assault are not receiving the assistance they require
in dealing with the physical and psychological trauma of a sexual
assault;
(g) The criminal justice system and health care system should
maintain close contact and cooperation with each other and with
community rape crisis centers to expedite the disposition of sexual
assault cases; and
(h)
(2) Efforts over many years to distribute information and collect
data have demonstrated the incidence of sexual assault that continues
to impact communities, families, and individuals;
(3) Over the past three decades, law enforcement, prosecutors,
medical professionals, educators, mental health providers, public
health professionals, and victim advocates have benefited from a
commitment to training and learning regarding appropriate responses to
and services for victims of sexual assault;
(4) This same effort has resulted in increased public awareness of
sexual assault and its impact on communities, families, and
individuals;
(5) Law enforcement, prosecutors, medical professionals, educators,
mental health providers, public health professionals, and victim
advocates should continue to work closely and collaboratively to
improve responses to and services for victims of sexual assault;
(6) The physical, emotional, financial, and psychological needs of
victims and their families are particularly well-served by timely and
effective services provided in local communities; and
(7) Persons who are victims of sexual assault ((will)) benefit
directly from ((increased)) continued public awareness and education,
((increased)) prosecutions of offenders, ((and)) a criminal justice
system which treats them in a humane manner, and access to victim-centered, culturally relevant services.
(((2) Therefore, a statewide sexual assault education, training,
and consultation program should be developed. Such a statewide program
should seek to improve treatment of victims through information-gathering, education, training, community awareness programs, and by
increasing the efficiency of the criminal justice and health care
systems as they relate to sexual assault. Such a program should serve
a consultative and facilitative function for organizations which
provide services to victims and potential victims of sexual assault.))
Sec. 10 RCW 70.125.030 and 2009 c 565 s 50 are each reenacted and
amended to read as follows:
((As used in this chapter and unless the context indicates
otherwise:)) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Community sexual assault program" means a community-based
social service agency that is qualified to provide and provides core
services to victims of sexual assault.
(2) "Core services" means ((treatment services for victims of
sexual assault including information and referral, crisis intervention,
medical advocacy, legal advocacy, support, system coordination, and
prevention for potential victims of sexual assault)) those services
that are victim-centered community-based advocacy responses to
alleviate the impact of sexual assault, as delineated in the Washington
state sexual assault services plan of 1995 and its subsequent
revisions.
(3) "Department" means the department of commerce.
(4) "Law enforcement agencies" means police and sheriff's
departments and tribal law enforcement departments or agencies of this
state.
(5) "Personal representative" means a friend, relative, attorney,
or employee or volunteer from a community sexual assault program or
specialized treatment service provider.
(6) (("Rape crisis center" means a community-based social service
agency which provides services to victims of sexual assault.))
"Services for underserved populations" means culturally relevant
victim-centered community-based advocacy responses to alleviate the
impact of sexual assault, as delineated in the Washington state sexual
assault services plan of 1995 and its subsequent revisions.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation; ((or))
(h) Sexual exploitation or commercial sex abuse of a minor;
(i) Promoting prostitution; or
(j) An attempt to commit any of the aforementioned offenses.
(8) "Specialized services" means ((treatment services for victims
of sexual assault including support groups, therapy, and specialized
sexual assault medical examination)) those services intended to
alleviate the impact of sexual assault, as delineated in the Washington
state sexual assault services plan of 1995 and its subsequent
revisions.
(9) "Victim" means any person who suffers physical ((and/or mental
anguish)), emotional, financial, and psychological impact as a
proximate result of a sexual assault.
Sec. 11 RCW 70.125.065 and 1981 c 145 s 9 are each amended to
read as follows:
Records maintained by ((rape crisis centers)) a community sexual
assault program and underserved populations provider shall not be made
available to any defense attorney as part of discovery in a sexual
assault case unless:
(1) A written pretrial motion is made by the defendant to the court
stating that the defendant is requesting discovery of the ((rape crisis
center's)) community sexual assault program or underserved populations
provider records;
(2) The written motion is accompanied by an affidavit or affidavits
setting forth specifically the reasons why the defendant is requesting
discovery of the ((rape crisis center's)) community sexual assault
program or underserved populations provider records;
(3) The court reviews the ((rape crisis center's)) community sexual
assault program or underserved populations provider records in camera
to determine whether the ((rape crisis center's)) community sexual
assault program or underserved populations provider records are
relevant and whether the probative value of the records is outweighed
by the victim's privacy interest in the confidentiality of such records
taking into account the further trauma that may be inflicted upon the
victim by the disclosure of the records to the defendant; and
(4) The court enters an order stating whether the records or any
part of the records are discoverable and setting forth the basis for
the court's findings.
Sec. 12 RCW 5.60.060 and 2009 c 424 s 1 are each amended to read
as follows:
(1) A spouse or domestic partner shall not be examined for or
against his or her spouse or domestic partner, without the consent of
the spouse or domestic partner; nor can either during marriage or
during the domestic partnership or afterward, be without the consent of
the other, examined as to any communication made by one to the other
during the marriage or the domestic partnership. But this exception
shall not apply to a civil action or proceeding by one against the
other, nor to a criminal action or proceeding for a crime committed by
one against the other, nor to a criminal action or proceeding against
a spouse or domestic partner if the marriage or the domestic
partnership occurred subsequent to the filing of formal charges against
the defendant, nor to a criminal action or proceeding for a crime
committed by said spouse or domestic partner against any child of whom
said spouse or domestic partner is the parent or guardian, nor to a
proceeding under chapter 70.96A, 70.96B, 71.05, or 71.09 RCW:
PROVIDED, That the spouse or the domestic partner of a person sought to
be detained under chapter 70.96A, 70.96B, 71.05, or 71.09 RCW may not
be compelled to testify and shall be so informed by the court prior to
being called as a witness.
(2)(a) An attorney or counselor shall not, without the consent of
his or her client, be examined as to any communication made by the
client to him or her, or his or her advice given thereon in the course
of professional employment.
(b) A parent or guardian of a minor child arrested on a criminal
charge may not be examined as to a communication between the child and
his or her attorney if the communication was made in the presence of
the parent or guardian. This privilege does not extend to
communications made prior to the arrest.
(3) A member of the clergy, a Christian Science practitioner listed
in the Christian Science Journal, or a priest shall not, without the
consent of a person making the confession or sacred confidence, be
examined as to any confession or sacred confidence made to him or her
in his or her professional character, in the course of discipline
enjoined by the church to which he or she belongs.
(4) Subject to the limitations under RCW 70.96A.140 or 71.05.360
(8) and (9), a physician or surgeon or osteopathic physician or surgeon
or podiatric physician or surgeon shall not, without the consent of his
or her patient, be examined in a civil action as to any information
acquired in attending such patient, which was necessary to enable him
or her to prescribe or act for the patient, except as follows:
(a) In any judicial proceedings regarding a child's injury,
neglect, or sexual abuse or the cause thereof; and
(b) Ninety days after filing an action for personal injuries or
wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any
one physician or condition constitutes a waiver of the privilege as to
all physicians or conditions, subject to such limitations as a court
may impose pursuant to court rules.
(5) A public officer shall not be examined as a witness as to
communications made to him or her in official confidence, when the
public interest would suffer by the disclosure.
(6)(a) A peer support group counselor shall not, without consent of
the law enforcement officer or firefighter making the communication, be
compelled to testify about any communication made to the counselor by
the officer or firefighter while receiving counseling. The counselor
must be designated as such by the sheriff, police chief, fire chief, or
chief of the Washington state patrol, prior to the incident that
results in counseling. The privilege only applies when the
communication was made to the counselor while acting in his or her
capacity as a peer support group counselor. The privilege does not
apply if the counselor was an initial responding officer or
firefighter, a witness, or a party to the incident which prompted the
delivery of peer support group counseling services to the law
enforcement officer or firefighter.
(b) For purposes of this section, "peer support group counselor"
means a:
(i) Law enforcement officer, firefighter, civilian employee of a
law enforcement agency, or civilian employee of a fire department, who
has received training to provide emotional and moral support and
counseling to an officer or firefighter who needs those services as a
result of an incident in which the officer or firefighter was involved
while acting in his or her official capacity; or
(ii) Nonemployee counselor who has been designated by the sheriff,
police chief, fire chief, or chief of the Washington state patrol to
provide emotional and moral support and counseling to an officer or
firefighter who needs those services as a result of an incident in
which the officer or firefighter was involved while acting in his or
her official capacity.
(7) A sexual assault advocate may not, without the consent of the
victim, be examined as to any communication made between the victim and
the sexual assault advocate.
(a) For purposes of this section, "sexual assault advocate" means
the employee or volunteer from a ((rape crisis center)) community
sexual assault program or underserved populations provider, victim
assistance unit, program, or association, that provides information,
medical or legal advocacy, counseling, or support to victims of sexual
assault, who is designated by the victim to accompany the victim to the
hospital or other health care facility and to proceedings concerning
the alleged assault, including police and prosecution interviews and
court proceedings.
(b) A sexual assault advocate may disclose a confidential
communication without the consent of the victim if failure to disclose
is likely to result in a clear, imminent risk of serious physical
injury or death of the victim or another person. Any sexual assault
advocate participating in good faith in the disclosing of records and
communications under this section shall have immunity from any
liability, civil, criminal, or otherwise, that might result from the
action. In any proceeding, civil or criminal, arising out of a
disclosure under this section, the good faith of the sexual assault
advocate who disclosed the confidential communication shall be
presumed.
(8) A domestic violence advocate may not, without the consent of
the victim, be examined as to any communication between the victim and
the domestic violence advocate.
(a) For purposes of this section, "domestic violence advocate"
means an employee or supervised volunteer from a community-based
domestic violence program or human services program that provides
information, advocacy, counseling, crisis intervention, emergency
shelter, or support to victims of domestic violence and who is not
employed by, or under the direct supervision of, a law enforcement
agency, a prosecutor's office, or the child protective services section
of the department of social and health services as defined in RCW
26.44.020.
(b) A domestic violence advocate may disclose a confidential
communication without the consent of the victim if failure to disclose
is likely to result in a clear, imminent risk of serious physical
injury or death of the victim or another person. This section does not
relieve a domestic violence advocate from the requirement to report or
cause to be reported an incident under RCW 26.44.030(1) or to disclose
relevant records relating to a child as required by RCW 26.44.030(12).
Any domestic violence advocate participating in good faith in the
disclosing of communications under this subsection is immune from
liability, civil, criminal, or otherwise, that might result from the
action. In any proceeding, civil or criminal, arising out of a
disclosure under this subsection, the good faith of the domestic
violence advocate who disclosed the confidential communication shall be
presumed.
(9) A mental health counselor, independent clinical social worker,
or marriage and family therapist licensed under chapter 18.225 RCW may
not disclose, or be compelled to testify about, any information
acquired from persons consulting the individual in a professional
capacity when the information was necessary to enable the individual to
render professional services to those persons except:
(a) With the written authorization of that person or, in the case
of death or disability, the person's personal representative;
(b) If the person waives the privilege by bringing charges against
the mental health counselor licensed under chapter 18.225 RCW;
(c) In response to a subpoena from the secretary of health. The
secretary may subpoena only records related to a complaint or report
under RCW 18.130.050;
(d) As required under chapter 26.44 or 74.34 RCW or RCW 71.05.360
(8) and (9); or
(e) To any individual if the mental health counselor, independent
clinical social worker, or marriage and family therapist licensed under
chapter 18.225 RCW reasonably believes that disclosure will avoid or
minimize an imminent danger to the health or safety of the individual
or any other individual; however, there is no obligation on the part of
the provider to so disclose.
Sec. 13 RCW 42.56.370 and 2005 c 274 s 417 are each amended to
read as follows:
Client records maintained by an agency that is a domestic violence
program as defined in RCW 70.123.020 or 70.123.075 or a ((rape crisis
center)) community sexual assault program or services for underserved
populations as defined in RCW 70.125.030 are exempt from disclosure
under this chapter.
NEW SECTION. Sec. 14 The following acts or parts of acts are
each repealed:
(1) RCW 43.280.030 (Applications) and 1990 c 3 s 1204;
(2) RCW 43.280.081 (Office of crime victims advocacy -- Reports on
penalty assessments collection and use of funds for assistance to
victims and witnesses of crime) and 1996 c 122 s 3;
(3) RCW 74.14B.060 (Sexually abused children -- Treatment services)
and 1996 c 123 s 8 & 1990 c 3 s 1402;
(4) RCW 70.125.040 (Coordinating office -- Biennial statewide plan)
and 1985 c 34 s 1 & 1979 ex.s. c 219 s 4;
(5) RCW 70.125.050 (Statewide program services) and 1979 ex.s. c
219 s 5;
(6) RCW 70.125.055 (Financial assistance to rape crisis centers)
and 1985 c 34 s 2; and
(7) RCW 70.125.080 (Community sexual assault programs -- Victim
advocates) and 1996 c 123 s 7 & 1991 c 267 s 3.