H-2111              _______________________________________________

                                                   HOUSE BILL NO. 2023

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State of Washington                              50th Legislature                              1988 Regular Session

By Representative Fuhrman

Read first time 2/8/88 and referred to Committee on Judiciary.

AN ACT Relating to the custody of minor children; adding a new section to chapter 26.09 RCW; creating a new section; 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.  A new section is added to chapter 26.09 RCW to read as follows:

          To insure the best interest of the child, any person who commits any act of sodomy, including, but not limited to, any act of homosexuality, lesbianism, or bisexuality, or who solicits or encourages any other person to commit any act of sodomy, or who has an affectional or sexual preference or orientation towards committing any act of sodomy, 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 where no violation of this section may occur.

          A court shall apply this section in making its determinations in any dissolution, custody, visitation, adoption, or placement proceeding.  Any provision of a court order entered outside the state of Washington which conflicts with this section shall be considered null and void and of no effect and unenforceable in the state of Washington.  Any person residing in the state of Washington may petition a court of competent jurisdiction for a modification of any custody or visitation decree which conflicts with this section and the court shall modify such decree to comply with this section.

NEW SECTION. Sec. 3.     The code reviser shall place cross-reference sections referring to section 2 of this act in the following chapters:  26.16, 26.27, 26.33, 26.34, 26.40, and 26.44 RCW.