H-2115              _______________________________________________

                                                   HOUSE BILL NO. 2026

                        _______________________________________________

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 sodomy; adding a new chapter to Title 70 RCW; 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.     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 for or orientation towards committing any act of sodomy, 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. 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) "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.

          (3) "Knowingly" means that a political entity, school, day-care center, foster-care program, or other person or organization knows, or reasonably should know that a person:  (a) Commits, or claims to commit, any act of sodomy; (b) solicits or encourages, or claims to solicit or encourage, any other person to commit any act of sodomy; (c) has, or claims to have, an affectional or sexual preference for or orientation towards committing an act of sodomy.

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

          (5) "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.

NEW SECTION. Sec. 4.     Sections 2 and 3 of this act shall constitute a new chapter in Title 70 RCW.