S-250                 _______________________________________________

                                                   SENATE BILL NO. 5113

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Pullen, Madsen, Thorsness, McCaslin, Bailey, Amondson and Saling

Read first time 1/13/89 and referred to Committee on Law & Justice.

AN ACT Relating to time limits for trials involving child abuse victims; adding a new section to chapter 10.46 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that treatment of the emotional problems of child abuse victims may be impaired by lengthy delay in trial of the accused and the resulting delay in testimony of the child victim.  The trauma of the abusive incident is likely to be exacerbated by requiring testimony from a victim who has substantially completed therapy and is forced to relive the incident.  The legislature finds that it is necessary to prevent, to the extent reasonably possible, lengthy and unnecessary delays in trial of a person charged with abuse of a minor.

NEW SECTION. Sec. 2.  A new section is added to chapter 10.46 RCW to read as follows:

          When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, 9A.32, 9A.36, 9A.40, 9A.42, 9A.44, or 9A.46 RCW, and the alleged victim of the crime is a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unless, after a hearing, the court finds that there are substantial and compelling reasons for a continuance of the trial date and that the benefit of the postponement outweighs the detriment to the victim.  At the hearing the court shall consider the testimony of lay witnesses and of expert witnesses, if available, regarding the impact of the continuance on the victim.  Whenever the court grants the request for a continuance, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.