SENATE BILL REPORT

SHB 1302

BYHouse Committee on Judiciary (originally sponsored by Representatives Kremen, Patrick, Fisher, Rayburn, Lux, Cooper, Basich, K. Wilson, Lewis, Cole, Holm, Haugen, Brekke, Barnes, Holland, Nealey, Sutherland, Sprenkle, Cantwell, Walker, Betrozoff, Meyers, Hargrove, Baugher, Rasmussen, Silver, Fuhrman, Spanel, Fox, Jones, Peery, Ebersole, Dellwo, Heavey, Leonard, Zellinsky, Day, Vekich, Crane, Moyer, Butterfield, D. Sommers, Braddock, Pruitt, Brough, Todd, Ballard, O'Brien, Winsley, Hine, May, Hankins, Miller, Schoon, Doty, Ferguson and P. King)

Establishing penalties for sexual offenses against developmentally disabled persons.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 24, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 25, 1988

BACKGROUND:

"Developmentally disabled" persons are those who suffer from mental retardation, or a similar condition, that began before the age of 18, that is expected to continue indefinitely and that constitutes a "substantial handicap".

Current sex offense laws make it unlawful to have sexual intercourse or sexual contact with a person who is incapable of consent because of being "mentally defective", or "mentally incapacitated".  The term "mental incapacity" is defined to mean an inability to understand the "nature or consequences of the act of sexual intercourse".  The term "consent" is defined to mean "actual words or conduct indicating freely given agreement".

SUMMARY:

It is unlawful for a person in a supervisory position to engage in sexual intercourse or sexual contact with a developmentally disabled person.  An exception is provided for spouses of developmentally disabled persons.  The crime involving intercourse is Second Degree Rape, and the crime involving contact is Indecent Liberties.  Persons in supervisory positions include proprietors and employees of any treatment or care facility for developmentally disabled persons.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The crime of patronizing a prostitute is created.  The penalty for patronizing a prostitute is a misdmeanor.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Jeff Larson, Washington Assembly for Citizens with Disabilities; Aaron Lowin, DSHS