2379-S AMS JUD S4511.1

SHB 2379 - S COMM AMD

By Committee on Judiciary

                                                  ADOPTED 03/05/02

    Strike everything after the enacting clause and insert the following:

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

    (1) A person is guilty of the crime of leaving a child in the care of a sex offender if the person is (a) the parent of a child; (b) entrusted with the physical custody of a child; or (c) employed to provide to the child the basic necessities of life, and leaves the child in the care or custody of another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or required to register as a sex offender under the laws of this state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.

    (2) It is an affirmative defense to the charge of leaving a child in the care of a sex offender under this section, that the defendant must prove by a preponderance of the evidence, that a court has entered an order allowing the offender to have unsupervised contact with children, or that the offender is allowed to have unsupervised contact with the child in question under a family reunification plan, which has been approved by a court, the department of corrections, or the department of social and health services in accordance with department policies.

    (3) Leaving a child in the care of a sex offender is a misdemeanor."

SHB 2379 - S COMM AMD

By Committee on Judiciary

                                                  ADOPTED 03/05/02

    On page 1, line 1 of the title, after "offender;" strike the remainder of the title and insert "adding a new section to chapter 9A.42 RCW; and prescribing penalties."

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