AN ACT Relating to sodomy; adding a new chapter to Title 9A RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2. Sodomy is considered a "loathsome and disgusting crime" at common law and has continually been recognized and held by our state's citizenry and courts to be an "infamous, detestable, and abominable crime against nature," and to be an "immoral and degenerate" act and a "sex perversion." Our state's citizenry and courts have specifically determined and held that a sodomy statute legitimately serves the public interest by securing the morals of the people. The legislature recognizes that there exists no right, constitutional, civil or otherwise, to engage in the deviant act of sodomy.

Therefore, it is deemed essential to adopt the following act for the purposes of securing the morals of the people, of protecting minor children, the elderly, mentally and physically disabled persons, individuals kept in detention facilities, those placed under the trust or protection of the state, and other at-risk persons from such deviant sexual exploitation and abuse, of preventing the destructive effects of sodomy on the public health, decency, morals, safety, and welfare, and of protecting and nurturing the family unit and procreation as the fundamental resource of American life.

NEW SECTION. Sec. 3. As used in this chapter:

(1) "Day care centers" means any person, group, or organization, private or public, which provides care, supervision, or other such services for any minor child, other than a member of the immediate family, within or without a residence, for periods of less than twenty-four hours.

(2) "Deviant sexual act with another person of the same sex" means any direct or indirect contact, with or without penetration, or any penetration, however slight, between any part of the sex organs of any person, and the mouth or anus of another person of the same sex.

(3) "Deviant sexual contact with another person of the same sex" means any direct or indirect contact, with or without penetration, or any penetration, however slight, between any part of the sex organs or anus of any person, and any part of the body of another person of the same sex, or any object held or otherwise used by such other person, in order to gratify a sexual desire of either person.

(4) "Force" means any physical force which overcomes resistance, or any threat, express or implied, that places a person in fear of death or physical injury to himself or herself or another person, or in fear that he or she or another person will be kidnapped.

(5) "Foster-care program" means any person, firm, partnership, association, corporation, facility, or other organization, private or public, which provides care during any part of the twenty-four hour day to one or more minor children, expectant mothers, or mentally or physically disabled persons in the family abode of the person or persons under whose direct care and supervision the minor child, expectant mother, or mentally or physically disabled person is placed.

(6) "Knowingly" means that a political entity, school, day care center, foster care program, or other person or organization knows, or reasonably should know (a) that a person commits, or claims to commit, any act of sodomy; (b) that a person solicits or encourages, or claims to solicit or encourage, any other person to commit any act of sodomy; (c) that a person has committed or been convicted, or claims to have committed or been convicted, of any violation under this chapter; or (d) that a person has, or claims to have, an affectional or sexual preference for or orientation towards committing an act of sodomy.

(7) "Legal spouse" means any person legally married to another person of the opposite sex under the laws of this state or elsewhere, if such marriage elsewhere is not deemed to be against the public policy of this state.

(8) "Licensed professional" means any person required by the state of Washington to be licensed in order to practice in a certain profession including, but not limited to, chiropractors, dentists, opticians, optometrists, pharmacists, physical therapists, physicians, nurses, psychologists, and other health care personnel.

(9) "Political entity" means any state or local government, including, but not limited to, their agencies, instrumentalities, subdivisions, and their employees and volunteers.

(10) "School" means any school, private or public, and their administrative or supervisory agency or political entity, and their employees and volunteers, including, but not limited to the following: Kindergarten, preschool, elementary, secondary, college, university, or trade and vocational institution.

(11) "Sex organs" means the genital procreative organs and their associated parts and shall include, but not be limited to the penis, testicles, vulva, and vagina.

NEW SECTION. Sec. 4. Any person who performs or submits to, or causes any other person to perform or submit to, any deviant sexual act with another person of the same sex, or any deviant sexual contact with another person of the same sex, shall be guilty of the crime of sodomy.

Any person convicted of the crime of sodomy, or of the crime of promoting or profiting from sodomy in the second degree, shall be guilty of a felony, and shall be punished by confinement in a state correctional institution for a maximum term fixed by the court of not more than ten years, or by a fine in an amount fixed by the court of not more than twenty-five thousand dollars, or both such imprisonment or fine. For purposes of RCW 9.94A.310, this penalty shall be rated a seriousness score of XI.

When any crime of sodomy, or crime of promoting or profiting from sodomy in the second degree, is committed against a minor, imprisonment in a state correctional institution for ten years is mandatory. Each violation which occurs of any crime named in this section shall be considered a separate violation.

NEW SECTION. Sec. 5. Any person who commits, or causes any other person to commit, any act of sodomy with force and against the will of the other person, shall be guilty of the crime of aggravated sodomy.

Any person convicted of the crime of aggravated sodomy, or of the crime of promoting or profiting from sodomy in the first degree, shall be guilty of a felony, and shall be punished by confinement in a state correctional institution for a maximum term fixed by the court of not more than twenty years, or by a fine in an amount fixed by the court of not more than fifty thousand dollars, or both such imprisonment or fine. For purposes of RCW 9.94A.310, this penalty shall be rated a seriousness score of XII.

When any crime of aggravated sodomy, or crime of promoting or profiting from sodomy in the first degree, is committed against a minor, imprisonment in a state correctional institution for twenty years is mandatory. Each violation which occurs of any crime named in this section shall be considered a separate violation.

NEW SECTION. Sec. 6. Any person who: (1) Causes or aids another person to commit or engage in sodomy with someone other than himself or herself; (2) procures or solicits customers for acts of sodomy; (3) provides persons or premises for purposes of committing acts of sodomy; (4) operates or assists in the operation of any facility or enterprise used for committing sodomy; or (5) engages in any other conduct designed to institute, aid, or facilitate any act or enterprise of sodomy, shall be guilty of the crime of promoting sodomy.

Any person who accepts or receives money, property, or any other valuable consideration pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in the proceeds of any act of sodomy committed by someone other than himself or herself, shall be guilty of the crime of profiting from sodomy.

A person shall be guilty of the crime of promoting or profiting from sodomy in the first degree if he or she promotes sodomy by compelling a person by threat or force to engage in any act of sodomy or profits form any act of sodomy, which results from such threat or force, or promotes or profits from any act of sodomy with a minor.

The penalty for any person convicted of the crime of promoting or profiting from sodomy in the first degree shall be the same penalty as for any person convicted of the crime of aggravated sodomy pursuant to section 4 of this act.

A person shall be guilty of the crime of promoting or profiting from sodomy in the second degree if he or she promotes any act of sodomy, or profits from any act of sodomy.

The penalty for any person convicted of the crime of promoting or profiting from sodomy in the second degree shall be the same penalty as for any person convicted of the crime of sodomy pursuant to section 4 of this act.

NEW SECTION. Sec. 7. Any person having possession or control of premises which he or she knows are being used for purposes of committing acts of sodomy, and he or she fails without lawful excuse to make reasonable effort to halt or abate such use, shall be guilty of the crime of permitting sodomy.

The penalty for any person convicted of the crime of permitting sodomy shall be the same penalty as for any person convicted of the crime of solicitation of sodomy pursuant to section 8 of this act.

NEW SECTION. Sec. 8. Any person who solicits or encourages, or causes any other person to solicit or encourage, another person to perform or submit to any act of sodomy, is guilty of the crime of solicitation of sodomy.

Any person convicted of the crime of solicitation of sodomy, or of the crime of permitting sodomy, shall be guilty of a gross misdemeanor, and shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment or fine. For purposes of RCW 9.94A.310, this penalty shall be rated a seriousness score of V.

When any crime of solicitation of sodomy or crime of permitting sodomy is committed against a minor, imprisonment for one year is mandatory. Each violation which occurs of any crime named in this section shall be considered a separate violation.

NEW SECTION. Sec. 9. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter, or who has an affectional or sexual preference for or orientation towards committing any act of sodomy, has no right to be free from discrimination based on the above, by any private or public person, organization, or institution.

Affectional or sexual preference for or orientation towards committing any act of sodomy shall not be the basis, nor shall any political entity make it the basis, by law or otherwise, for providing, granting, declaring, or recognizing, in any way, any special, unique, extraordinary, elevated, preferred, or affirmative legal protection, opportunity, or privilege under any state or local statute, ordinance, regulation, or executive order regarding discrimination, affirmative action, or otherwise. A political entity shall not declare or recognize any person to be free from discrimination on the basis of affectional or sexual preference or orientation. Any such provision currently granted by any political entity is hereby superseded and of no force and effect.

NEW SECTION. Sec. 10. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter shall not knowingly be employed, with or without remuneration, by any political entity, school, day care center, or foster care program. A political entity, school, day care center, or foster care program shall not knowingly hire any such person as an employee or volunteer.

NEW SECTION. Sec. 11. A school, and any of their employees, volunteers, or guests, shall not present any act of sodomy, or the affectional or sexual preference for or orientation towards committing any act of sodomy, as acceptable behavior or as an alternative lifestyle.

NEW SECTION. Sec. 12. Any licensed professional who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed any violation under this chapter, shall have no contact with minor children, the elderly, mentally or physically disabled persons, individuals kept in detention facilities, those placed under the trust or protection of the state, or any other such at-risk persons, in the practice of his or her profession.

Any licensed professional who has been convicted of any violation under this chapter shall forfeit his or her license and shall immediately cease to practice such profession in addition to other penalties prescribed in this chapter.

NEW SECTION. Sec. 13. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter, shall not knowingly be employed, with or without remuneration, as a counselor, therapist, or otherwise in the emotional, mental, or physical treatment or care of minor children, the elderly, mentally or physically disabled persons, individuals kept in detention facilities, those placed under the trust or protection of the state, or any other such at-risk persons, or in any such treatment or care of any person who has been charged with or convicted of committing any crime under this chapter or any other sex crime. Any such occupation, profession, or facility shall not knowingly hire any such person as an employee or volunteer.

NEW SECTION. Sec. 14. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter, shall not knowingly be employed, with or without remuneration, in any occupation or profession which involves, or can involve, contact with minor children, the elderly, mentally or physically disabled persons, individuals kept in detention facilities, or those placed under the trust or protection of the state, or in any facility, public or private, in which such at-risk persons are likely to or do congregate. Any such occupation, profession, or facility shall not knowingly hire any such person as an employee or volunteer.

NEW SECTION. Sec. 15. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter, shall not knowingly be employed, with or without remuneration, in any facility, public or private, where persons are placed, held, kept, or detained under the trust or protection of the state, for any reason, with or without their consent, and with or without a court order.

Such facilities include, but are not limited to, the following: Any hospital, nursing home, or other health care facility, mental health hospital or clinic, jail, prison, halfway house, juvenile center or home, group home, crisis residential center, specialized foster care home, alternative residential placement facility, and shelter for victims of domestic violence. Any such facility shall not knowingly hire any such person as an employee or volunteer.

NEW SECTION. Sec. 16. A marriage license or certificate shall not be issued to any person desiring to marry any other person of the same sex. Any marriage obtained outside the state of Washington of persons of the same sex shall not constitute a legal or valid marriage within the state of Washington and such persons shall not be considered, in law or otherwise, and for any purpose, as a legal spouse or as constituting a family. Same-sex marriage is hereby declared to be against the public policy of the state of Washington.

NEW SECTION. Sec. 17. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter, shall not have under his or her care, custody or control any minor child, nor shall such person stay or reside in any dwelling where a minor child stays or resides. Such persons may visit minor children where contacts occur in a safe and secured environment wherein any violation of this chapter shall have no opportunity to occur.

NEW SECTION. Sec. 18. The person or agency responsible for the hiring of employees or volunteers in the occupations and professions designated in this chapter shall have the duty to perform a background investigation of all persons being considered for hire to insure compliance with this chapter if any such investigation is undertaken on a person for any other reason, under law or otherwise.

The investigation shall include an examination of state and national criminal data systems for conviction records and pending charges involving any criminal sexual behavior and of state and national agencies such as the department of social and health services which keep records of those persons committing or reported to have committed sexual abuse of minor children and other at-risk persons designated in this chapter. State and local criminal justice agencies and social and health agencies have a duty to provide such information as they may have to any person or agency investigating the character and suitability of a person being considered for hire.

All information held or released under this section shall remain strictly confidential, and persons or agencies holding or releasing any information have a duty to insure that the information is not disseminated or released to any other person or agency not acting within the scope and purpose of this section and with no need to know the contents of the information.

NEW SECTION. Sec. 19. Any organization or institution supported by public tax moneys, in whole or in part, or receiving such tax moneys for any purpose, shall not promote, advertise, campaign for, or otherwise present in any way any act of sodomy, or the affectional or sexual preference for or orientation towards committing any act of sodomy, as acceptable behavior or as an alternative lifestyle.

Public funds shall not be used to print, produce, purchase, rent, lease, or otherwise obtain or provide materials, including, but not limited to, books, brochures, magazines, photos, movies, and films, which portray acts of sodomy, or any materials which present acts of sodomy as acceptable behavior or as an alternative lifestyle.

Any agency, instrumentality, organization or institution supported by public tax moneys, in whole or in part, or receiving such tax moneys for any purpose, shall not keep, stock, use or make available such materials in their facilities, or in the administration and execution of their duties or operations.

NEW SECTION. Sec. 20. A person, agency, organization, institution or other enterprise shall not advertise, print, display, publish, distribute, broadcast, televise, promote, or otherwise present in any way, or cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, promoted or otherwise presented in any way, or cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, promoted or otherwise presented in any way, an invitation or opportunity to perform or submit to any act of sodomy by any person.

NEW SECTION. Sec. 21. Any person who commits any act of sodomy, or who solicits or encourages any other person to commit any act of sodomy, or has committed or been convicted of any violation under this chapter, shall not loiter in or on any public park, amusement center, auditorium, library, restroom, or other such place or facility, or any private park, amusement center, auditorium, moviehouse, bookstore, restroom, or other such place or facility open to the general public.

NEW SECTION. Sec. 22. A person violating any of the provisions of this chapter shall be considered rehabilitated, and the provisions of this chapter shall not apply, when it has been at least two years since such person last committed any act of sodomy, last solicited or encouraged any other person to commit any act of sodomy, or last committed any violation under this chapter. If a person has been convicted of any violation under this chapter, such person must have fully served or satisfied any term of confinement, parole, probation, counseling, rehabilitation, or treatment, and have fully paid any fine imposed by a court before being considered rehabilitated. If any violation of this chapter shall thereafter occur, the two-year period shall again be required before a person will be considered rehabilitated.

NEW SECTION. Sec. 23. Every place which is used for the purpose of committing acts of sodomy, and every such place in or upon which acts of sodomy are conducted, permitted, carried on, continued, or exist are hereby declared to be a moral nuisance pursuant to chapter 7.48A RCW and the provisions of that chapter shall apply.

NEW SECTION. Sec. 24. It shall be the duty of any and all individuals having knowledge of any person who has committed any deviant sexual act or contact, or who has solicited, promoted, profited from, or permitted any such deviant sexual act or contact or who has violated, in any way, any of the provisions of this chapter, to report immediately such person to the local law enforcement agencies or officers.

NEW SECTION. Sec. 25. Any individual, group, organization, agency, corporation, association, partnership, political entity, or any person responsible for the operation thereof, refusing or neglecting to comply with, or otherwise violating any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. Each violation which occurs under any section of this chapter shall be considered a separate violation. For purposes of RCW 9.94A.310, all penalties imposed under this section shall be rated a seriousness score of I.

NEW SECTION. Sec. 26. Sections 1 through 25 of this act shall constitute a new chapter in Title 9A RCW.

NEW SECTION. Sec. 27. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.