SENATE BILL REPORT

SSB 5065

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge, Halsan, Newhouse, Nelson, Bottiger, Moore, Deccio, Garrett, Rasmussen, Johnson, Hayner and Tanner)

Requiring witnesses to report sexual offenses and child assault.

Senate Committee on Judiciary

Majority Report:  That Substitute Senate Bill No. 5065 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Hearing Date(s):January 16, 1987; January 21, 1987

Senate Staff:Carolyn J. Mayer (786-7465)

                  February 18, 1987

AS PASSED SENATE, FEBRUARY 16, 1987

BACKGROUND:

The current crime witness statute provides criminal penalties for the failure to report violent offenses and felony sex offenses by witnesses to the actual commission of such crimes. No specific reporting requirements exist with regard to witnesses of assaults on children.

SUMMARY:

The list of offenses which must be reported is expanded to include any sexual offense or attempt to commit such an offense against an adult or child and any assault on a child that appears reasonably likely to cause substantial bodily harm to the child.  The duty to report such offenses does not affect privileged relationships established by law.

Assaults upon adult dependent persons that appear reasonably likely to cause substantial bodily harm are added to the list of offenses which must be reported.  "Dependent person" is defined as "a person who, because of physical or mental disability, or because of advanced age, is dependent upon another person to provide the basic necessities of life."

The duty to report is met if a person gives notice or attempts to give notice by telephone as soon as reasonably possible.  The failure to report offenses is a gross misdemeanor.

An exemption from the reporting requirement is granted to any person who has a reasonable belief that making a report would place him or her or another family member in danger of immediate physical harm.

Fiscal Note:      none requested

Senate Committee - Testified: Lonnie Johns-Brown, Washington State Shelter Network and Washington State NOW; Bailey de Iongh, Washington State Public Defenders Association; Tom Wing, United Fathers of America; Monica Benton, Washington Association of Prosecuting Attorneys; Virginia Kostelyk; Michael McCoy, Washington State Emergency Nurses Association; Della Cornwall, Save Our Family Ties