AN ACT Relating to creating a penalty assessment for crimes involving the abuse of children used to support child advocacy centers; adding a new section to chapter 9A.44 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

(1) All superior courts, and courts organized under Title 3 or 35 RCW, may impose a penalty assessment not to exceed one thousand dollars on any adult offender convicted of a crime involving the physical abuse or sexual abuse of children. The assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided by law.

(2) Revenue from the assessment must be used solely for the purposes of establishing and funding children's advocacy centers. If the city or county does not have a children's advocacy center, cities and counties may use the revenue collected from the assessment to contract with recognized community-based children's advocacy program providers.

(3) The assessment imposed under this section is not subject to any state or local remittance requirements under chapter 3.46, 3.50, 3.62, 7.68, 10.82, or 35.20 RCW.

(4) For the purposes of this section:

(a) "Convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine.

(b) "Children's advocacy center" has the same meaning as that term is defined under RCW 26.44.020.

(5) The court may not order a defendant to pay the penalty assessment unless the defendant is or will be able to pay the penalty assessment. In determining whether to impose a penalty assessment, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of the penalty assessment will impose. The court is encouraged to solicit input from the victim or his or her representatives in assessing the defendant's ability to pay the penalty assessment, including information regarding current financial obligations, family circumstances, and ongoing restitution.

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