S-1404.1 _______________________________________________
SENATE BILL 5757
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State of Washington 55th Legislature 1997 Regular Session
By Senators Stevens, Roach, Swecker and Oke
Read first time 02/11/97. Referred to Committee on Human Services & Corrections.
AN ACT Relating to law enforcement investigations and proceedings pertaining to child abuse or neglect; and adding a new chapter to Title 10 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that investigations of child abuse and neglect are of great importance and, for the protection of children as well as families, are best conducted at the local government level. The legislature further finds that child abuse and neglect are essentially crimes against children and families and call for sophisticated and extensive law enforcement expertise. For these reasons, the legislature intends to delegate all authority for conducting child abuse or neglect investigations to local law enforcement agencies.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Law enforcement agency" means the police department, the state patrol, the office of the sheriff, or, in the case of a charter county, the county's chief law enforcement agency.
(2) "Child" or "children" means any person under eighteen years of age.
(3) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances that indicate that the child's welfare and safety is harmed.
(4) "Abused child" means a child who has been subjected to child abuse or neglect as defined in subsection (3) of this section.
(5) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.
(6) "Negligent treatment or maltreatment" means an act or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.
NEW SECTION. Sec. 3. Notwithstanding any other provision of law, the authority to investigate allegations of child abuse or neglect is vested solely with law enforcement agencies. No other agency or division of Washington state government is authorized to investigate such allegations. If a report of suspected child abuse or neglect is filed with any other state agency or division, that agency or division shall forward the report to the local law enforcement agency.
In the event that the law enforcement agency discovers evidence of criminal activity, the agency shall forward the information to the prosecuting attorney.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act constitute a new chapter in Title 10 RCW.
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