AN ACT Relating to protecting victims of sex crimes; amending RCW 36.27.020, 43.43.670, and 82.32.145; reenacting and amending RCW 42.56.240; adding new sections to chapter 36.28A RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.28 RCW; adding a new section to chapter 43.43 RCW; adding a new section to chapter 70.41 RCW; adding a new section to chapter 43.31 RCW; adding a new chapter to Title 82 RCW; creating a new section; prescribing penalties; providing an effective date; and providing an expiration date.

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

PART I - TRACKING AND TESTING OF SEXUAL ASSAULT KITS

NEW SECTION.  Sec. 1.  A new section is added to chapter 36.28A RCW to read as follows:

(1) When funded, the association shall create and operate a statewide sexual assault kit tracking system.

(2) The statewide sexual assault kit tracking system must:

(a) Track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt and storage at law enforcement agencies, receipt and testing at forensic laboratories, and storage and any destruction after completion of testing;

(b) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Washington state patrol, and other entities in the custody of sexual assault kits to update and track the status and location of sexual assault kits; and

(c) Allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault kits.

(3) Any appointed or elected official, public employee, or public agency as defined in RCW 4.24.470, or combination of units of government and its employees, as provided in RCW 36.28A.010, and hospitals and hospital employees that provide services to victims of sexual assault are immune from liability for damages for any release of information or the failure to release information related to the statewide sexual assault kit tracking system, so long as the release was without gross negligence. The immunity provided under this subsection applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the public.

NEW SECTION.  Sec. 2.  A new section is added to chapter 35.21 RCW to read as follows:

Local law enforcement agencies shall participate in the statewide sexual assault kit tracking system established in section 1 of this act for the purpose of tracking the status of sexual assault kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies.

NEW SECTION.  Sec. 3.  A new section is added to chapter 36.28 RCW to read as follows:

A sheriff and his or her deputies shall participate in the statewide sexual assault kit tracking system established in section 1 of this act for the purpose of tracking the status of sexual assault kits in the custody of the department and other entities contracting with the department.

NEW SECTION.  Sec. 4.  A new section is added to chapter 43.43 RCW to read as follows:

The Washington state patrol shall participate in the statewide sexual assault kit tracking system established in section 1 of this act for the purpose of tracking the status of sexual assault kits in the custody of the Washington state patrol and other entities contracting with the Washington state patrol.

NEW SECTION.  Sec. 5.  A new section is added to chapter 70.41 RCW to read as follows:

Hospitals licensed under this chapter shall participate in the statewide sexual assault kit tracking system established in section 1 of this act for the purpose of tracking the status of sexual assault kits collected by or in the custody of hospitals and other entities contracting with hospitals.

Sec. 6.  RCW 36.27.020 and 2012 1st sp.s. c 5 s 2 are each amended to read as follows:

The prosecuting attorney shall:

(1) Be legal adviser of the legislative authority, giving it his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required to act upon relating to the management of county affairs;

(2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all instruments of an official nature for the use of said officers;

(3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party;

(4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county;

(5) Attend and appear before and give advice to the grand jury when cases are presented to it for consideration and draw all indictments when required by the grand jury;

(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when the prosecuting attorney has information that any such offense has been committed and the prosecuting attorney shall for that purpose attend when required by them if the prosecuting attorney is not then in attendance upon the superior court;

(7) Carefully tax all cost bills in criminal cases and take care that no useless witness fees are taxed as part of the costs and that the officers authorized to execute process tax no other or greater fees than the fees allowed by law;

(8) Receive all cost bills in criminal cases before district judges at the trial of which the prosecuting attorney was not present, before they are lodged with the legislative authority for payment, whereupon the prosecuting attorney may retax the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly taxed;

(9) Present all violations of the election laws which may come to the prosecuting attorney's knowledge to the special consideration of the proper jury;

(10) Examine once in each year the official bonds of all county and precinct officers and report to the legislative authority any defect in the bonds of any such officer;

(11) Seek to reform and improve the administration of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law;

(12) Participate in the statewide sexual assault kit tracking system established under section 1 of this act for the purpose of tracking the status of sexual assault kits connected to criminal investigations and prosecutions within the county.

Sec. 7.  RCW 42.56.240 and 2015 c 224 s 3 and 2015 c 91 s 1 are each reenacted and amended to read as follows:

The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter:

(1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;

(2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;

(3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);

(4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies;

(5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator;

(6) Information contained in a local or regionally maintained gang database as well as the statewide gang database referenced in RCW 43.43.762;

(7) Data from the electronic sales tracking system established in RCW 69.43.165;

(8) Information submitted to the statewide unified sex offender notification and registration program under RCW 36.28A.040(6) by a person for the purpose of receiving notification regarding a registered sex offender, including the person's name, residential address, and email address;

(9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs. Nothing in this subsection shall be interpreted so as to prohibit the legal owner of a residence or business from accessing information regarding his or her residence or business;

(10) The felony firearm offense conviction database of felony firearm offenders established in RCW 43.43.822;

(11) The identity of a state employee or officer who has in good faith filed a complaint with an ethics board, as provided in RCW 42.52.410, or who has in good faith reported improper governmental action, as defined in RCW 42.40.020, to the auditor or other public official, as defined in RCW 42.40.020;

(12) The following security threat group information collected and maintained by the department of corrections pursuant to RCW 72.09.745: (a) Information that could lead to the identification of a person's security threat group status, affiliation, or activities; (b) information that reveals specific security threats associated with the operation and activities of security threat groups; and (c) information that identifies the number of security threat group members, affiliates, or associates; ((and))

(13) The global positioning system data that would indicate the location of the residence of an employee or worker of a criminal justice agency as defined in RCW 10.97.030; and

(14) Any records and information contained within the statewide sexual assault kit tracking system established under section 1 of this act.

Sec. 8.  RCW 43.43.670 and 1999 c 40 s 6 are each amended to read as follows:

(1) There is created in the Washington state patrol a bureau of forensic laboratory services system which is authorized to:

(a) Provide laboratory services for the purpose of analyzing and scientifically handling any physical evidence relating to any crime.

(b) Provide training assistance for local law enforcement personnel.

(c) Provide all necessary toxicology services requested by all coroners, medical examiners, and prosecuting attorneys.

(2) The bureau of forensic laboratory services shall assign priority to a request for services with due regard to whether the case involves criminal activity against persons. The Washington state forensic investigations council shall assist the bureau of forensic laboratory services in devising policies to promote the most efficient use of laboratory services consistent with this section. The forensic investigations council shall be actively involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic laboratory services budget prior to its formal submission by the state patrol to the office of financial management pursuant to RCW 43.88.030. The bureau of forensic laboratory services, in consultation with the Washington state forensic investigations council, shall develop budget submissions to the office of financial management sufficient to increase capacity to test all evidence submitted from crimes against persons by 2020, and all evidence submitted from property crimes by 2025.

PART II - GRANTS TO LAW ENFORCEMENT AGENCIES

NEW SECTION.  Sec. 10.  A new section is added to chapter 36.28A RCW to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Association" means the Washington association of sheriffs and police chiefs.

NEW SECTION.  Sec. 11.  A new section is added to chapter 36.28A RCW to read as follows:

(1) When funded, the association shall establish and administer a grant program for law enforcement agencies and regional task forces composed of local law enforcement agencies for the purpose of reinvestigating all cases where a sexual assault kit was in the possession of a law enforcement agency but not submitted for forensic testing as of July 24, 2015.

(2) Grant recipients must:

(a) Conduct investigations or reinvestigations of cases where a sexual assault kit was in the possession of a law enforcement agency but not submitted for forensic testing as of July 24, 2015;

(b) Employ and use a victims' advocate within the investigative unit responsible for investigations funded by the grant;

(c) Develop and use protocols for the notification of victims regarding results of forensic testing of sexual assault kits; and

(d) Submit data and information necessary for the association to comply with subsection (4) of this section.

(3) Grant awards may not be used to supplant preexisting funding for investigations of sexual assaults.

(4) The association must submit a report on the grant program established under this section to the sexual assault forensic examination best practices task force, the appropriate committees of the legislature, and the governor by November 1, 2017, and by November 1st of each subsequent year. The report must include the following:

(a) The named recipients of grants and their jurisdictions;

(b) The amount of funding awarded with each grant;

(c) The number of investigations conducted with grant funding by each grant recipient and statewide;

(d) The number of CODIS entries and hits associated with investigations conducted with grant funding by each grant recipient and statewide;

(e) The number of serial offenders associated with investigations conducted with grant funding by each grant recipient and statewide;

(f) The number of convictions and pleas arising from investigations conducted with grant funding by each grant recipient and statewide; and

(g) Recommendations for the state and local agencies to improve the investigations of sexual assaults in Washington.

PART III - ACCEPTING DONATIONS FOR PROTECTING VICTIMS

NEW SECTION.  Sec. 12.  A new section is added to chapter 43.31 RCW to read as follows:

(1) The Washington sexual assault kit program is created within the department for the purpose of accepting private funds for testing sexual assault kits and conducting related investigations where a sexual assault kit was in the possession of a law enforcement agency but not submitted for forensic testing as of July 24, 2015. The director may accept gifts, grants, donations, or moneys from any source for deposit in the Washington sexual assault kit account created under subsection (2) of this section.

(2) The Washington sexual assault kit account is created in the state treasury. Funds deposited in the Washington sexual assault kit account may be used for the Washington sexual assault kit testing program established under this section. The Washington sexual assault kit account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

(3) Funds deposited in the Washington sexual assault kit account must be transferred and used exclusively for the following:

(a) Forty-five percent of the funds for the Washington state patrol bureau of forensic laboratory services for the purpose of testing sexual assault kits in the possession of a law enforcement agency but not submitted for forensic testing as of July 24, 2015;

(b) Forty percent of the funds for the Washington association of sheriffs and police chiefs for the purpose of funding the grant program established under section 11 of this act; and

(c) Fifteen percent of the funds for the office of crime victims' advocacy in the department for the purpose of funding grants for sexual assault nurse examiner services and training.

PART IV - SEXUALLY ORIENTED BUSINESS FEE

The legislature finds that in Washington state, sexually oriented businesses featuring live adult entertainment earn more than twenty-five million dollars per year in revenue. Of the millions of female victims of human trafficking, seventy percent are trafficked into the commercial sex industry, including being recruited to work as hostesses, waitresses, or exotic dancers in sexually oriented businesses featuring adult entertainment. Exotic dancers are more likely to be victims of sexual violence, including sexual assault and rape. The office of crime victims' advocacy plays a critical role in providing support to victims of both human trafficking and sexual assault.

The legislature hereby establishes the sexually oriented business fee to fund policies and programming for investigating sex crimes and supporting trafficking and sex crime victims in Washington. The sexually oriented business fee does not regulate or prohibit any kind of speech. The legislature's interest in preventing harmful secondary effects is not related to the suppression of expression in nude dancing. Citizens are still free to engage in such forms of expression to the extent it complies with other legally established time, place, and manner restrictions. Instead, the sexually oriented business fee offsets the impacts of crime and the other deleterious effects caused by the presence of sexually oriented businesses in Washington.

(2) All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue must administer this section.

(3) Receipts from the fee imposed in this section must be deposited into the sexually oriented business fee account established in section 16 of this act.

(4) For the purposes of this section, the following definitions apply:

(a) "Adult entertainment" means:

(i) Any live exhibition, performance, or dance of any type conducted by an individual who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals;

(ii) Any performance of the following acts or of acts which simulate, or use artificial devices or inanimate objects which depict:

(A) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;

(B) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or

(C) The displaying of the pubic hair, anus, vulva, or genitals.

(b) "Cover charge" means a charge, regardless of its label, to enter a sexually oriented live adult entertainment establishment or added to the patron's bill by an operator of an establishment or otherwise collected after entrance to the establishment, and the patron is provided the opportunity to enter and view adult entertainment in exchange for payment of the charge.

(c) "Operator" means any person who operates, conducts, or maintains a sexually oriented adult entertainment establishment.

(d) "Patron" means any individual who is admitted to a sexually oriented live adult entertainment establishment.

(e) "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.

(f) "Sexually oriented live adult entertainment establishment" means an adult cabaret, erotic dance venue, strip club, or any other commercial premises where live adult entertainment is provided during at least thirty days within a calendar year or a proportional number of days if the establishment was not open for a full calendar year.

(2) If any operator fails to collect the fees imposed under section 14 of this act or having collected the fees, fails to pay the collected fees to the department of revenue in the manner prescribed in section 14 of this act, whether such failure is the result of his or her own acts or the result of acts or conditions beyond the operator's control, the operator is nevertheless, personally liable to the state for the amount of the fees.

(3) The amount of the fees, until paid by the patron to the operator or to the department of revenue, constitutes a debt from the patron to the operator. Any operator who fails or refuses to collect the fees as required with intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any patron who refuses to pay any fees due under this chapter is guilty of a misdemeanor.

(2) Funds deposited in the Washington sexually oriented business fee account must be transferred and used exclusively for the following purposes:

(a) Prior to July 1, 2021:

(i) Beginning on June 30, 2017, and each year thereafter, fifty percent of the funds must be transferred to the Washington state patrol for use by the Washington state patrol bureau of forensic laboratory services for the purpose of testing sexual assault kits in the possession of a law enforcement agency but not submitted for forensic testing as of July 24, 2015;

(ii) Twenty-five percent of the funds must be used by the office of crime victims advocacy within the department of commerce for the purposes of providing services or support to victims of sexual abuse; and

(iii) Twenty-five percent of the funds must be used by the office of crime victims advocacy in the department of commerce for the purposes of providing services and support, including educational and vocational training opportunities, to victims of human trafficking.

(b) Beginning on July 1, 2021:

(i) Thirty percent of the funds must be transferred on June 30, 2022, and each year thereafter, to the Washington state patrol bureau of forensic laboratory services for the purpose of testing sexual assault kits;

(ii) Thirty-five percent of the funds must be used by the office of crime victims advocacy in the department of commerce for the purposes of providing services or support to victims of sexual abuse; and

(iii) Thirty-five percent of the funds must be used by the office of crime victims advocacy in the department of commerce for the purposes of providing services and support, including educational and vocational training opportunities, to victims of human trafficking.

Sec. 17.  RCW 82.32.145 and 2015 c 188 s 121 are each amended to read as follows:

(1) Whenever the department has issued a warrant under RCW 82.32.210 for the collection of unpaid trust fund taxes from a limited liability business entity and that business entity has been terminated, dissolved, or abandoned, or is insolvent, the department may pursue collection of the entity's unpaid trust fund taxes, including penalties and interest on those taxes, against any or all of the responsible individuals. For purposes of this subsection, "insolvent" means the condition that results when the sum of the entity's debts exceeds the fair market value of its assets. The department may presume that an entity is insolvent if the entity refuses to disclose to the department the nature of its assets and liabilities.

(2) Personal liability under this section may be imposed for state and local trust fund taxes.

(3)(a) For a responsible individual who is the current or a former chief executive or chief financial officer, liability under this section applies regardless of fault or whether the individual was or should have been aware of the unpaid trust fund tax liability of the limited liability business entity.

(b) For any other responsible individual, liability under this section applies only if he or she willfully fails to pay or to cause to be paid to the department the trust fund taxes due from the limited liability business entity.

(4)(a) Except as provided in this subsection (4)(a), a responsible individual who is the current or a former chief executive or chief financial officer is liable under this section only for trust fund tax liability accrued during the period that he or she was the chief executive or chief financial officer. However, if the responsible individual had the responsibility or duty to remit payment of the limited liability business entity's trust fund taxes to the department during any period of time that the person was not the chief executive or chief financial officer, that individual is also liable for trust fund tax liability that became due during the period that he or she had the duty to remit payment of the limited liability business entity's taxes to the department but was not the chief executive or chief financial officer.

(b) All other responsible individuals are liable under this section only for trust fund tax liability that became due during the period he or she had the responsibility or duty to remit payment of the limited liability business entity's taxes to the department.

(5) Persons described in subsection (3)(b) of this section are exempt from liability under this section in situations where nonpayment of the limited liability business entity's trust fund taxes is due to reasons beyond their control as determined by the department by rule.

(6) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures under RCW 82.32.160, 82.32.170, 82.32.180, 82.32.190, and 82.32.200.

(7) This section does not relieve the limited liability business entity of its trust fund tax liability or otherwise impair other tax collection remedies afforded by law.

(8) Collection authority and procedures prescribed in this chapter apply to collections under this section.

(9) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Chief executive" means: The president of a corporation; or for other entities or organizations other than corporations or if the corporation does not have a president as one of its officers, the highest ranking executive manager or administrator in charge of the management of the company or organization.

(b) "Chief financial officer" means: The treasurer of a corporation; or for entities or organizations other than corporations or if a corporation does not have a treasurer as one of its officers, the highest senior manager who is responsible for overseeing the financial activities of the entire company or organization.

(c) "Limited liability business entity" means a type of business entity that generally shields its owners from personal liability for the debts, obligations, and liabilities of the entity, or a business entity that is managed or owned in whole or in part by an entity that generally shields its owners from personal liability for the debts, obligations, and liabilities of the entity. Limited liability business entities include corporations, limited liability companies, limited liability partnerships, trusts, general partnerships and joint ventures in which one or more of the partners or parties are also limited liability business entities, and limited partnerships in which one or more of the general partners are also limited liability business entities.

(d) "Manager" has the same meaning as in RCW 25.15.006.

(e) "Member" has the same meaning as in RCW 25.15.006, except that the term only includes members of member-managed limited liability companies.

(f) "Officer" means any officer or assistant officer of a corporation, including the president, vice president, secretary, and treasurer.

(g)(i) "Responsible individual" includes any current or former officer, manager, member, partner, or trustee of a limited liability business entity with an unpaid tax warrant issued by the department.

(ii) "Responsible individual" also includes any current or former employee or other individual, but only if the individual had the responsibility or duty to remit payment of the limited liability business entity's unpaid trust fund tax liability reflected in a tax warrant issued by the department.

(iii) Whenever any taxpayer has one or more limited liability business entities as a member, manager, or partner, "responsible individual" also includes any current and former officers, members, or managers of the limited liability business entity or entities or of any other limited liability business entity involved directly in the management of the taxpayer. For purposes of this subsection (9)(g)(iii), "taxpayer" means a limited liability business entity with an unpaid tax warrant issued against it by the department.

(h) "Trust fund taxes" means taxes collected from purchasers and held in trust under RCW 82.08.050, including taxes imposed under RCW 82.08.020 and 82.08.150, and the sexually oriented business fees collected from patrons and held in trust under section 15 of this act.

(i) "Willfully fails to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action.

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