H-5084.1  _______________________________________________

                 SECOND SUBSTITUTE HOUSE BILL 2962

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Robertson, Kessler, Lisk, Costa, Sheahan, McDonald, L. Thomas and Anderson)

Read first time 02/09/98.  Referred to Committee on .

Creating the crime of criminal mistreatment in the fourth degree.

    AN ACT Relating to criminal mistreatment; adding a new section to chapter 9A.42 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.42 RCW to read as follows:

    (1) Any person who commits domestic violence, as defined in RCW 10.99.020, within sight or sound of the victim's or offender's minor children under the age of eighteen years is guilty of criminal mistreatment in the fourth degree.

    (2) Criminal mistreatment in the fourth degree is a misdemeanor.

    (3) As part of any sentence for criminal mistreatment in the fourth degree, the court shall impose and enforce an order with the following conditions:

    (a) Restricted or no contact with the victim, as defined in RCW 10.99.020, or with the child or children of the victim or offender, within whose sight or sound the offense was committed, for a period not to exceed the maximum sentence for the crime, regardless of the expiration of the offender's term of community supervision;

    (b) No further acts of violence or threats against the victim, as defined in RCW 10.99.020;

    (c) If the offense was committed while the defendant was under the influence of drugs or alcohol, comprehensive substance abuse assessment and treatment services appropriate for the offender and submission to urinalysis or other testing to monitor drug and alcohol use during any periods of community supervision;

    (d) Completion of a domestic violence perpetrator program approved under chapter 26.50 RCW; and

    (e) The defendant shall pay the cost of evaluation, treatment, and monitoring.

    (4) The court may waive any of the minimum sentencing conditions in subsection (3) of this section upon finding that the conditions would not be in the best interests of justice.  The court shall state on the record its reasons for any waiver.

NEW SECTION. Sec. 2.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.

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