CERTIFICATION
OF ENROLLMENT
HOUSE
BILL 2672
Chapter
173, Laws of 2002
57th
Legislature
2002
Regular Session
HIGH RISK
OFFENDERS--TREATMENT PROVIDERS' LIABILITY
EFFECTIVE
DATE: 6/13/02
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Passed by the House March 11, 2002
Yeas 96 Nays 0
 FRANK CHOPP
Speaker of the House
of Representatives
Passed by the Senate March 2, 2002
Yeas 45 Nays 3
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CERTIFICATE
I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the
State of Washington, do hereby certify that the attached is HOUSE BILL
2672 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
 CYNTHIA ZEHNDER
Chief Clerk
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BRAD OWEN
President of the Senate
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Approved March 27, 2002 Place Style On
Codes above, and Style Off Codes below.
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FILED
March 27, 2002 - 8:53 a.m.
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 GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
HOUSE
BILL 2672
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2002 Regular Session
By
Read
first time 01/23/2002. Referred to Committee on Judiciary.
Limiting the liability of providers of treatment to high
risk offenders.
AN
ACT Relating to limiting the liability of providers of treatment to high risk
offenders; and adding a new section to chapter 71.24 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 71.24 RCW to read as follows:
(1)
A licensed service provider or regional support network, acting in the course
of the provider's or network's duties under this chapter, is not liable for
civil damages resulting from the injury or death of another caused by a
dangerous mentally ill offender who is a client of the provider or network,
unless the act or omission of the provider or network constitutes:
(a)
Gross negligence;
(b)
Willful or wanton misconduct; or
(c)
A breach of the duty to warn of and protect from a client's threatened violent
behavior if the client has communicated a serious threat of physical violence
against a reasonably ascertainable victim or victims.
(2)
In addition to any other requirements to report violations, the licensed
service provider and regional support network shall report an offender's
expressions of intent to harm or other predatory behavior, regardless of
whether there is an ascertainable victim, in progress reports and other
established processes that enable courts and supervising entities to assess and
address the progress and appropriateness of treatment.
(3)
A licensed service provider's or regional support network's mere act of
treating a dangerous mentally ill offender is not negligence. Nothing in this
subsection alters the licensed service provider's or regional support network's
normal duty of care with regard to the client.
(4)
The limited liability provided by this section applies only to the conduct of
licensed service providers and regional support networks and does not apply to
conduct of the state.
(5)
For purposes of this section, "dangerous mentally ill offender" means
a person who has been identified under RCW 72.09.370 as an offender who: (a)
Is reasonably believed to be dangerous to himself or herself or others; and (b)
has a mental disorder.
Passed the House March 11, 2002.
Passed the Senate March 2, 2002.
Approved by the Governor
March 27, 2002.
Filed
in Office of Secretary of State March 27, 2002.