H-4028.1 _______________________________________________
HOUSE BILL 2782
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State of Washington 56th Legislature 2000 Regular Session
By Representatives Carrell, Sullivan, Skinner, Boldt, Cox, Mulliken, Schindler, Thomas, Talcott, Esser, Van Luven, Sump, Lambert, Delvin and Parlette
Read first time 01/20/2000. Referred to Committee on Judiciary.
AN ACT Relating to protecting marriage from wrongful interference; adding a new chapter to Title 26 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that marriage is an institution that predates our existence as a state and is of primary importance to the continued welfare of the people.
Marriage establishes a relationship of companionship and affection between a man and a woman and between parents and their children that is in the best interest of each spouse and the best interest of the children resulting from the marriage relationship.
Spouses and children have a right to expect that the marital relationship will be protected from wrongful interference by third parties as long as the marriage continues, especially when the relationship is weak or struggling.
It is the policy of the state of Washington to encourage, nurture, and protect the institution of marriage and the spouses and children therein, and to provide legal redress against persons who wrongfully interfere with the marital relationship.
NEW SECTION. Sec. 2. A party to a marriage has a legal cause of action against a third party who wrongfully interferes with the marital relationship, thus causing a loss of consortium to the injured spouse.
An act of adultery is conclusive proof of wrongful interference and cause of loss of consortium.
NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Marriage" means any duly recognized marriage under chapter 26.04 RCW that has included voluntary cohabitation within the three months before the time an action is filed under this chapter, and for which no decree of legal separation has been entered.
(2) "Wrongful interference" means wrongfully and intentionally or negligently intervening in, intruding upon, or interrupting the marital relationship.
(3) "Loss of consortium" includes, but is not limited to, loss of love, affection, companionship, care, services, and society.
NEW SECTION. Sec. 4. An action brought under this chapter must be filed within two years after the filing party has knowledge of wrongful interference by a third party.
A party injured by wrongful interference with the marital relationship is entitled to all general and specific damages, including mental pain and suffering, attorney fees, and other costs of litigation.
A party bringing an action under this chapter is entitled to injunctive relief against any third party wrongfully interfering with the marital relationship.
No bond may be required for such an injunction.
NEW SECTION. Sec. 5. The provisions of this chapter are to be liberally construed to effectuate the policies and purposes of this chapter.
NEW SECTION. Sec. 6. In the event of conflict between this chapter and any other provision of law, the provisions of this chapter shall govern.
NEW SECTION. Sec. 7. 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. 8. This act is necessary for the immediate preservation of the public peace, health, morals, and safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 26 RCW.
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