AN ACT Relating to prohibiting interference with access to health care and health care service delivery; amending RCW 10.31.100; adding a new chapter to Title 9A RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that seeking or obtaining health care is a fundamental matter of individual privacy that deserves state protection. The legislature further finds that health care providers cannot reasonably be expected to render quality services nor can health care patients reasonably be expected to give informed consent when third parties create an environment of disruption, coercion, and disturbance at health care facilities, or when third parties attempt to interfere with access to such services. The legislature further finds that certain actions at health care facility sites have jeopardized the public health and safety by interfering with access to health care services, by creating an environment of disruption, coercion and disturbance, and by interfering with private decisions to seek or obtain health care.

NEW SECTION. Sec. 2. (1) "Health care facility" means a facility that provides health care services directly to patients, including but not limited to, a hospital, clinic, health care provider's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.

(2) "Health care provider" has the same meaning as defined in RCW 7.70.020 (1) and (2), as now existing or hereafter amended, and additionally means an officer, director, employee, or agent of a health care facility who sues or testifies regarding matters within the scope of his or her employment.

NEW SECTION. Sec. 3. It is unlawful for a person, alone or in concert with others, to willfully or recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of such facility by:

(1) Physically obstructing, impeding, or hindering the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

(2) Making noise that unreasonably disturbs the peace within the facility;

(3) Trespassing on the facility or the common areas of the real property upon which the facility is located; or

(4) Telephoning the facility anonymously or repeatedly; threatening to inflict injury on the owners, agents, patients, employees, or property of the facility; or knowingly permitting any telephone under his or her control to be used for such purpose.

NEW SECTION. Sec. 4. A violation of section 3 of this act is a gross misdemeanor. A person convicted of violating section 3 of this act shall be punished as follows:

(1) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;

(2) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and

(3) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days.

No portion of the minimum jail sentence specified may be suspended or deferred. No portion of the minimum fine specified may be suspended or deferred unless the court finds that the offender is indigent.

Sec. 5. Section 1, chapter 190, Laws of 1988 and RCW 10.31.100 are each amended to read as follows:

A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through ((~~(8)~~)) (9) of this section.

(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.

(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

(b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

(f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.02.095 shall have the authority to arrest the person.

(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

(9) Any police officer having probable cause to believe that a person has, within the previous twenty-four hours, committed a violation of section 3 of this act may arrest such person.

(10) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

((~~(10)~~)) (11) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) or (8) if the police officer acts in good faith and without malice.

NEW SECTION. Sec. 6. In a criminal prosecution for a violation of section 3 of this act, the court shall impose conditions on the pretrial release of the defendant that will reasonably assure that the defendant will not engage in further actions at any health care facility that violate section 2 of this act pending trial.

NEW SECTION. Sec. 7. A person or health care facility aggrieved by the actions prohibited by section 2 of this act may seek civil damages from those who committed the prohibited acts and those acting in concert with them. The court shall not allow multiple recovery by a plaintiff for the same harm. A person does not have to be criminally convicted of violating section 3 of this act to be held civilly liable under this section.

NEW SECTION. Sec. 8. In a civil action brought under section 7 of this act, an aggrieved individual plaintiff shall be entitled to recover, in addition to his or her actual damages, five hundred dollars for each day that the actions occurred, or five thousand dollars for each day that the actions occurred if the aggrieved plaintiff is a health care facility, plus costs of the action and reasonable attorneys' fees. It is necessary to prove actual damages to recover the additional damages, costs, and attorneys' fees.

NEW SECTION. Sec. 9. Nothing in this chapter shall be construed to impair the right of any individual or group to engage in speech protected by the United States Constitution or the Washington state Constitution, including but not limited to, peaceful and lawful picketing.

NEW SECTION. Sec. 10. To avoid potential duplication of, or potential conflict with existing administrative regulatory mechanisms, this chapter shall not apply to conduct otherwise regulated by state or federal administrative agencies.

NEW SECTION. Sec. 11. Section 3 of this act shall not be interpreted to apply to the actions of any agent, officer, or employee of the health care facility, acting within the scope of their agency, office, or employment, to any collective bargaining representative of the owner or employees of the health care facility, acting within the scope of their agency, nor to the actions of any law enforcement officer, acting within the scope of his or her agency.

NEW SECTION. Sec. 12. In a criminal prosecution or civil action brought under this chapter, it is not a defense that a defendant sought to prevent a greater harm than the act complained of if the act sought to be prevented is a lawful medical procedure.

NEW SECTION. Sec. 13. A court having jurisdiction over a criminal or civil proceeding under this chapter shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient or health care provider who is a party or witness in a proceeding, including granting protective orders and orders in limine. In civil actions brought under this chapter, upon showing of good cause, the court may permit health care patients to sue pseudonymously.

NEW SECTION. Sec. 14. (1) It is the public policy and duty of the state of Washington and its subdivisions to cooperate to the maximum extent feasible with enforcing federal and state court injunctions that seek to protect against acts prohibited by this chapter.

(2) A criminal justice agency shall release identifying information, including photographs of suspects, and any other information that will assist in obtaining civil redress under RCW 10.97.070 or 13.50.050(8) to a victim when the suspected acts are alleged by the victim to be a violation of section 3 of this act, unless the agency determines that release of such information will interfere with an ongoing criminal investigation.

NEW SECTION. Sec. 15. Nothing in this chapter shall be construed to limit the right to seek other available criminal or civil remedies. The remedies provided herein shall be cumulative, not exclusive.

NEW SECTION. Sec. 16. 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.

NEW SECTION. Sec. 17. Sections 2 through 4 and 6 through 16 of this act shall constitute a new chapter in Title 9A RCW.