AN ACT Relating to protecting children and dependent persons; amending RCW 9A.42.010; adding a new section to chapter 9A.42 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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

(1) A parent, stepparent, foster parent, or guardian who has been entrusted with the physical custody of a child under ten years of age or with the physical custody of a dependent person has a duty to aid such child or dependent person who is being physically assaulted or sexually abused by another. The scope of the duty is determined by the circumstances known at the time to the parent, stepparent, foster parent, or guardian who has been entrusted with the physical custody of a child under ten years of age or with the physical custody of a dependent person.

(2) The failure to make a reasonable effort to aid is a class C felony. A reasonable effort does not require a parent, stepparent, foster parent, or guardian who has been entrusted with the physical custody of a child under ten years of age or with the physical custody of a dependent person to perform any action that a reasonable person would believe would place the person or another person in danger of bodily injury, or to perform any action where the person who has assaulted or sexually abused the child or dependent person has used a threat as defined in RCW 9A.04.110(25) to induce the other person to not report the assault or abuse or to otherwise not come to the aid of the child or dependent person.

Sec. 2. RCW 9A.42.010 and 1997 c 392 s 508 are each amended to read as follows:

As used in this chapter:

(1) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.

(2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;

(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;

(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.

(3) "Child" means a person under eighteen years of age.

(4) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020((~~(8)~~)) (13), is presumed to be a dependent person for purposes of this chapter.

(5) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.

(6) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.

(7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.

(8) "Aid" means to give help or relief, or to assist. "Aid" includes, but is not limited to, contacting police, law enforcement, or other public officials, preventing or avoiding physical assault or sexual abuse, or procuring medical assistance.