5974-S2 AMH VALM PATT 421

2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2386

WITHDRAWN 03/05/2026

On page 18, after line 13 of the striking amendment, insert the following:

"NEW SECTION. Sec. 12. A new section is added to chapter 70.48 RCW to read as follows:

An inmate who sustains injury to his or her person while in the custody of a jail under this chapter resulting from being confined in the same cell or apartment of the jail with any other person of a different biological sex than that of the inmate may file an action in superior court against the governing unit responsible for the jail for compensatory damages and such equitable relief that the court determines is appropriate, plus all reasonable attorneys' fees and court costs. Placing an inmate in the same cell or apartment of a jail with any other person of a different biological sex than that of the inmate shall be considered negligence per se. Any compensatory damages, reasonable attorneys' fees, and court costs awarded to a plaintiff pursuant to this section must be paid from the state general fund.

NEW SECTION. Sec. 13. A new section is added to chapter 72.09 RCW to read as follows:

An inmate who sustains injury to his or her person while in the custody of a correctional facility under this chapter resulting from being confined in the same cell or apartment of the correctional facility with any other person of a different biological sex than that of the inmate may file an action in superior court against the department for compensatory damages and such equitable relief that the court determines is appropriate, plus all reasonable attorneys' fees and court costs. Placing an inmate in the same cell or apartment of a correctional facility with any other person of a different biological sex than that of the inmate shall be considered negligence per se. Any compensatory damages, reasonable attorneys' fees, and court costs awarded to a plaintiff pursuant to this section must be paid from the state general fund."

Renumber the remaining sections consecutively and correct any internal references accordingly.

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