62nd Legislature
2011 Regular Session

Passed by the Senate March 7, 2011
  YEAS 49   NAYS 0

President of the Senate
Passed by the House April 6, 2011
  YEAS 97   NAYS 0

Speaker of the House of Representatives


I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5395 as passed by the Senate and the House of Representatives on the dates hereon set forth.


Governor of the State of Washington

Secretary of State
State of Washington



Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By Senators Hargrove and Stevens

Read first time 01/24/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to domestic violence fatality review panels; and amending RCW 43.235.020, 43.235.030, and 43.235.800.


Sec. 1   RCW 43.235.020 and 2000 c 50 s 2 are each amended to read as follows:
     (1) Subject to the availability of state funds, the department shall contract with an entity with expertise in domestic violence policy and education and with a statewide perspective to coordinate review of domestic violence fatalities. The coordinating entity shall be authorized to:
     (a) Convene regional review panels;
     (b) Convene statewide issue-specific review panels;
Gather information for use of regional or statewide issue-specific review panels;
     (((c))) (d) Provide training and technical assistance to regional or statewide issue-specific review panels;
     (((d))) (e) Compile information and issue ((biennial)) reports with recommendations; and
     (((e))) (f) Establish a protocol that may be used as a guideline for identifying domestic violence related fatalities, forming review panels, convening reviews, and selecting which cases to review. The coordinating entity may also establish protocols for data collection and preservation of confidentiality.
     (2)(a) The coordinating entity may convene a regional or statewide issue-specific domestic violence fatality review panel to review any domestic violence fatality.
     (b) Private citizens may request a review of a particular death by submitting a written request to the coordinating entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit the criteria set forth in the protocol for the project.

Sec. 2   RCW 43.235.030 and 2000 c 50 s 3 are each amended to read as follows:
     (1) Regional domestic violence fatality review panels ((shall)) may include ((but not be limited to)), as appropriate, the following:
     (a) Medical personnel with expertise in domestic violence abuse;
     (b) Coroners or medical examiners or others experienced in the field of forensic pathology, if available;
     (c) County prosecuting attorneys ((and)) or municipal attorneys;
     (d) Domestic violence shelter service staff ((and)) or domestic violence victims' advocates;
     (e) Law enforcement personnel;
     (f) Local health department staff;
     (g) Child protective services workers;
     (h) Community corrections professionals;
     (i) Perpetrator treatment program provider; ((and))
     (j) School teachers, guidance counselors, or student health services staff; and
Judges, court administrators, and/or their representatives.
     (2) Regional domestic violence fatality review panels may also invite other relevant persons to serve on an ad hoc basis and participate as full members of the review ((team [panel])) panel for a particular review. These persons may include, but are not limited to:
     (a) Individuals with particular expertise helpful to the regional review panel;
     (b) Representatives of organizations or agencies that had contact with or provided services to the homicide victim or to the alleged perpetrator.
     (3) The regional review panels shall make periodic reports to the coordinating entity and shall make a final report to the coordinating entity with regard to every fatality that is reviewed.
     (4) Statewide issue-specific panels must include persons with particular subject matter expertise helpful to the panel. The statewide issue-specific review panels must make periodic reports to the coordinating entity and must make a final report to the coordinating entity for every fatality that is reviewed.

Sec. 3   RCW 43.235.800 and 2000 c 50 s 7 are each amended to read as follows:
     (((1))) A biennial statewide report shall be issued by the coordinating entity in December of even-numbered years, ending in 2010. The coordinating entity may subsequently issue periodic reports containing recommendations on policy changes that would improve program performance, and issues identified through the work of the regional panels. Copies of this report shall be distributed to the governor, ((the house of representatives children and family services and criminal justice and corrections committees, and the senate human services and corrections and judiciary)) to the appropriate legislative committees, and to those agencies involved in the regional domestic violence fatality review panels.
     (((2) The annual report in December 2010 shall contain a recommendation as to whether or not the domestic violence review process provided for in this chapter should continue or be terminated by the legislature.))

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