S-3384.1 _______________________________________________
SENATE BILL 6170
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State of Washington 56th Legislature 2000 Regular Session
By Senators Fairley and Franklin
Read first time 01/10/2000. Referred to Committee on Judiciary.
AN ACT Relating to actions against churches; adding a new section to chapter 4.08 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature finds that a church is not liable for the intentional or criminal acts of a third party unless the church has either a duty to control the third party or a duty to protect the victim. Recent court decisions, such as Funkhouser v. Wilson, 138 Wash.2d 699, 985 P.2d 262 (1999), have confused these theories of liability. It is the intent of the legislature to clarify when an action in tort based on the intentional or criminal act of a third party may be maintained against a church.
NEW SECTION. Sec. 2. A new section is added to chapter 4.08 RCW to read as follows:
ACTION AGAINST CHURCHES. An action in tort based on the intentional or criminal act of a third party may not be maintained against a church unless the act occurred while:
(1) The third party was working in a paid or a volunteer position for the church;
(2) The victim was on the premises of the church;
(3) The victim was in the custody of the church; or
(4) The victim was participating in an activity sponsored or organized by the church.
NEW SECTION. Sec. 3. CAPTIONS. Captions used in this act are not any part of the law.
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