H-0095.1

HOUSE BILL 1382

ByRepresentatives Pellicciotti, Kraft, Macri, Goodman, Doglio, Pettigrew, Ormsby, Jinkins, Stanford, Appleton, and Riccelli

AN ACT Relating to increasing access to emergency assistance for victims by providing immunity from prosecution for prostitution offenses in some circumstances; and adding a new section to chapter 9A.88 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 9A.88 RCW to read as follows:

(1) A person acting in good faith who seeks emergency assistance for a victim of an offense included in subsection (4) of this section may not be charged or prosecuted for prostitution under RCW 9A.88.030, or an equivalent municipal ordinance, if the evidence for the charge of prostitution was obtained as a result of the person seeking emergency assistance.

(2) A person who is a victim of an offense included in subsection (4) of this section and is seeking emergency assistance on account of the offense may not be charged or prosecuted for prostitution under RCW 9A.88.030, or an equivalent municipal ordinance, if the evidence for the charge of prostitution was obtained as a result of the need for emergency assistance.

(3) The protection in this section from prosecution for prostitution is not grounds for suppression of evidence in other criminal charges.

(4) A victim of one of the following offenses, or a person seeking emergency assistance on his or her behalf, qualifies for immunity from prostitution charges as provided in subsections (1) and (2) of this section:

(a) Any violent offense as defined in RCW 9.94A.030;

(b) Assault in the third degree under RCW 9A.36.031;

(c) Assault in the fourth degree under RCW 9A.36.041, or an equivalent municipal ordinance;

(d) Rape in the third degree under RCW 9A.44.060.

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