BILL REQ. #:  S-3222.1 

Read first time 01/13/14.   Referred to Committee on Law & Justice.

     AN ACT Relating to the safe care of inmates and suspects in Washington hospitals; adding a new section to chapter 70.41 RCW; and adding a new chapter to Title 10 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that violence in health care settings, particularly emergency departments, is a serious concern. In 2009 there were two thousand fifty assaults and violent acts reported by registered nurses requiring an average of four days away from work (BLS, Private Industry, State and Local Government, 2011). Further, the health care sector leads all other industries, with forty-five percent of all nonfatal assaults against workers resulting in lost work days in the United States (BLS, 2006). The legislature is particularly concerned about practices that result in individuals who are convicted or suspected of violent crimes or crimes of a sexual nature being unattended by law enforcement in hospitals. Such practices result in unreasonable risks to patients, health care providers, and hospital visitors. The legislature also finds that caring for individuals convicted or suspected of violent crimes or crimes of a sexual nature requires intensive resources on the part of health care providers. It is the intent of the legislature to ensure such individuals who are brought or caused to be brought to a hospital by law enforcement are appropriately guarded by law enforcement.

NEW SECTION.  Sec. 2   (1) "Hospital" has the same meaning as defined in RCW 70.41.020.
     (2) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020 and a limited authority Washington law enforcement agency as defined in RCW 10.93.020. The agencies include, but are not limited to, the following:
     (a) The Washington state patrol;
     (b) All law enforcement agencies and police departments of any political subdivision of the state; and
     (c) The department of corrections.
     (3) "Law enforcement officer" includes police officers, the attorney general and the attorney general's deputies, sheriffs and their regular deputies, corrections officers, and tribal law enforcement officers. "Law enforcement officer" also includes an employee or agent of:
     (a) A law enforcement agency as described under subsection (2) of this section; or
     (b) A federal governmental agency.
     A law enforcement officer is also authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has statutory powers of arrest.
     (4) "Serious violent offense" is a subcategory of violent offense and means:
     (a)(i) Murder in the first degree;
     (ii) Homicide by abuse;
     (iii) Murder in the second degree;
     (iv) Manslaughter in the first degree;
     (v) Assault in the first degree;
     (vi) Kidnapping in the first degree;
     (vii) Rape in the first degree;
     (viii) Assault of a child in the first degree; or
     (ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of the crimes under this subsection (4)(a); or
     (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
     (5) "Sex offense" means:
     (a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.132;
     (ii) A violation of RCW 9A.64.020;
     (iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.080;
     (iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes; or
     (v) A felony violation of RCW 9A.44.132(1) (failure to register) if the person has been convicted of violating RCW 9A.44.132(1) (failure to register) on at least one prior occasion;
     (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
     (c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
     (d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
     (6) "Violent offense" means any of the following felonies:
     (a) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
     (b) Criminal solicitation of or criminal conspiracy to commit a class A felony;
     (c) Manslaughter in the first degree;
     (d) Manslaughter in the second degree;
     (e) Indecent liberties, if committed by forcible compulsion;
     (f) Kidnapping in the second degree;
     (g) Arson in the second degree;
     (h) Assault in the second degree;
     (i) Assault of a child in the second degree;
     (j) Extortion in the first degree;
     (k) Robbery in the second degree; or
     (l) Drive-by shooting.

NEW SECTION.  Sec. 3   All individuals suspected or convicted of a serious violent offense, sex offense, or violent offense who are brought or caused to be brought to a hospital by a law enforcement officer or at the direction of a law enforcement agency must be:
     (1) Identified as an individual suspected or convicted of a serious violent offense, sex offense, or violent offense by the law enforcement officer or law enforcement agency to the responsible hospital department manager and staff providing care; and
     (2) Accompanied at all times in the hospital by a law enforcement officer or guard supplied by the responsible law enforcement agency, except when otherwise directed by the individual's attending physician.

NEW SECTION.  Sec. 4   In no case may the hospital be billed or charged for the expense of the law enforcement officer or guard accompanying an individual suspected or convicted of a serious violent offense, sex offense, or violent offense while the individual receives treatment.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 10 RCW.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.41 RCW to read as follows:
     All individuals suspected or convicted of a serious violent offense, sex offense, or violent offense who are brought or caused to be brought to a hospital by a law enforcement officer or at the direction of a law enforcement agency must be accompanied by a law enforcement officer or guard supplied by the responsible law enforcement agency as directed in sections 1 through 4 of this act.