H-4259              _______________________________________________

                                                   HOUSE BILL NO. 1709

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Silver, Moyer, Braddock, Lewis, Patrick, Brough, Crane,B. Williams and Ferguson

Read first time 1/22/88 and referred to Committee on Health Care.

AN ACT Relating to acquired immune deficiency syndrome; adding a new chapter to Title 9 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, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     The legislature finds that sexually transmitted diseases are serious and deadly, communicable, contagious, and infectious diseases and that the earlier an individual is tested, diagnosed, and confirmed as being positively infected with a sexually transmitted disease the better the prospects are for successful treatment and care of the person infected with the disease.  The legislature also finds that the sexual abuse of children by persons infected with sexually transmitted diseases puts the lives and health of innocent victims at great risk. It is the policy of this state to minimize this risk by taking measures for the early detection of sexually transmitted diseases in children who have been sexually abused or exploited and to prevent conduct that inflicts or threatens to inflict such children with infection.

NEW SECTION. Sec. 3.     Any person arrested for and charged with committing a sexual offense or any other act of sexual abuse or exploitation involving a minor child shall submit to an examination for a sexually transmitted disease, pre-AIDS, or the human immunodeficiency virus antibody.  When such person is confirmed as being infected with a sexually transmitted disease,  the child victim shall submit to an examination for the sexually transmitted disease.

NEW SECTION. Sec. 4.     Any person who is arrested for committing a sexual offense or any other act of sexual abuse or exploitation involving a minor child and who is positively confirmed as being infected with a sexually transmitted disease, pre-AIDS, or the human immunodeficiency virus antibody shall be presumed to have infected the child victim if the child is positively confirmed as being infected with a sexually transmitted disease.  If the child had been confirmed as being infected with a sexually transmitted disease, pre-AIDS, or the human immunodeficiency virus antibody prior to the occurrence of the act for which the person is arrested and charged, this section shall not apply.

NEW SECTION. Sec. 5.     Any person who is convicted of committing a sexual offense or any other act of sexual abuse or exploitation involving a minor child who is positively confirmed as being infected with a sexually transmitted disease, pre- AIDS, or the human immunodeficiency virus antibody, and who has not overcome the rebuttable presumption created in section 4 of this act, shall have sixty months additional time added to the entire presumptive sentence range as determined under RCW 9.94A.310.  If the child victim acquires a sexually transmitted disease and dies as a result of a sexually transmitted disease or a related disease, the person shall be guilty of a crime under chapter 9A.32 RCW, with the exception that death may occur at any time within ten years from the occurrence of the act for which the person has been convicted.

NEW SECTION. Sec. 6.     Any person for whom the additional time in section 5 of this act has been applied shall be subject to legal action by the child victim or a representative on the child's behalf.  The child victim shall be entitled to all general and specific damages, including but not limited to physical and mental pain and suffering, attorneys' fees, and other costs of litigation.  If death does occur, the person convicted shall be subject to an action for wrongful death under chapters 4.20 and 4.22 RCW.

NEW SECTION. Sec. 7.     Sections 2 through 6 of this act shall constitute a new chapter in Title 9 RCW.