BILL REQ. #:  H-3381.1 

Read first time 01/11/12.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to the protection of young adults involved in the commercial sale of sex; amending RCW 9A.88.120; adding a new section to chapter 9.94A RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that prostitutes eighteen to twenty-one years of age are often survivors of childhood sexual exploitation and that their involvement in sex work is often a by-product of that past. Consequently, it is a logical continuation of the legislature's efforts to protect victims of sexual exploitation to impose increased fees on those who patronize adult prostitutes to facilitate the provision of transitional and supportive services for youth and young adults seeking to evade prostitution, as well as the enhanced prosecution of patronizing a prostitute.

Sec. 2   RCW 9A.88.120 and 2007 c 368 s 12 are each amended to read as follows:
     (1)(a) In addition to penalties set forth in RCW 9A.88.010, 9A.88.030, and 9A.88.090, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.010, 9A.88.030, 9A.88.090, or comparable county or municipal ordinances shall be assessed a fifty dollar fee.
     (b) In addition to penalties set forth in RCW 9A.88.110, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.110 or a comparable county or municipal ordinance shall be assessed a one hundred fifty dollar fee.
     (c) In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal ordinances shall be assessed a three hundred dollar fee.
     (2) The court may not suspend payment of all or part of the fee unless it finds that the person does not have the ability to pay.
     (3) When a minor has been adjudicated a juvenile offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an adult, would constitute a violation under this chapter or comparable county or municipal ordinances, the court shall assess the fee as specified under subsection (1) of this section. The court may not suspend payment of all or part of the fee unless it finds that the minor does not have the ability to pay the fee.
     (4) Any fee assessed under subsection (1), (2), or (3) of this section shall be collected by the clerk of the court and distributed each month to the state treasurer for deposit in the prostitution prevention and intervention account under RCW 43.63A.740 for the purpose of funding prostitution prevention and intervention activities.
     (5) In addition to penalties set forth in RCW 9A.88.110 and fees set forth in subsection (1)(b) of this section, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating RCW 9A.88.110 or a comparable county or municipal ordinance shall be assessed an additional fee.
     (a) If the offense involved an individual, other than the offender, under the age of twenty-one, the additional fee assessed is two thousand dollars.
     (b) If the offense involved an individual, other than the offender, aged twenty-one years or over, the additional fee assessed is one thousand dollars.
     (c) Any fee assessed under this subsection shall be collected by the clerk of court and distributed each month according to the following terms:
     (i) Fifty percent of the fee shall be directed to local law enforcement, in the municipality or county in which the sentencing court resides, for the purpose of increasing prosecution of patronizing a prostitute and on the provision of diversionary programs directed towards persons arrested for violating RCW 9A.88.110.
     (ii) Fifty percent of the fee shall be distributed each month to the state treasurer for deposit in the prostitution prevention and intervention account under RCW 43.63A.740 for the purpose of funding prostitution prevention and intervention activities.
     (6) For the purposes of this section:
     (a) "Statutory or nonstatutory diversion agreement" means an agreement under RCW 13.40.080 or any written agreement between a person accused of an offense listed in subsection (1) of this section and a court, county, or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
     (b) "Deferred sentence" means a sentence that will not be carried out if the defendant meets certain requirements, such as complying with the conditions of probation.

NEW SECTION.  Sec. 3   A new section is added to chapter 9.94A RCW to read as follows:
     (1) In a prosecution of RCW 9A.88.110, the prosecution may file a special allegation that the offense of patronizing a prostitute involved an individual, other than the offender, under the age of twenty-one.
     (2) The state has the burden of proving the special allegation made under this section beyond a reasonable doubt. If a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the offense of patronizing a prostitute involved an individual, other than the offender, under the age of twenty-one. If no jury is had, the court shall make a finding of fact as to whether the offense of patronizing a prostitute involved an individual, other than the offender, under the age of twenty-one.