S-0911.1 _______________________________________________
SENATE BILL 5352
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State of Washington 55th Legislature 1997 Regular Session
By Senators Benton and Hargrove
Read first time 01/24/97. Referred to Committee on Law & Justice.
AN ACT Relating to sexual battery; adding a new section to chapter 9A.44 RCW; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 9A.44 RCW to read as follows:
(1) Notwithstanding any other law, a court shall sentence a defendant to be treated with medroxyprogesterone acetate, according to a schedule of administration established by the department of corrections, if the defendant is convicted of rape in the first degree, rape in the second degree, or rape of a child in the first degree as described in this chapter. If the court sentences a defendant to be treated with medroxyprogesterone acetate, the penalty may not be imposed in lieu of, or reduce, any other penalty prescribed by law. However, in lieu of treatment with medroxyprogesterone acetate, the court may order the defendant to undergo physical castration upon written motion by the defendant providing the defendant's intelligent, knowing, and voluntary consent to physical castration as an alternative penalty.
(2) Notwithstanding the maximum period of incarceration provided for a conviction of rape in the first degree, rape in the second degree, or rape of a child in the first degree, the court may sentence a defendant to be treated with medroxyprogesterone acetate for a specific term of years, or for the life of the defendant, if expert medical testimony establishes, by a preponderance of the evidence, that the defendant is an appropriate candidate for treatment with medroxyprogesterone acetate. The department of corrections shall provide the services necessary to administer medroxyprogesterone acetate.
(3) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate fails or refuses to (a) appear as required by the department of corrections for purposes of administering the medroxyprogesterone acetate; or (b) allow the administration of medroxyprogesterone acetate, the defendant is guilty of a class B felony punishable as provided in RCW 9A.20.021.
NEW SECTION. Sec. 2. 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. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.
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