Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. The legislature finds that over 500,000 women in the United States are at risk of or have undergone female genital mutilation, including 25,000 women and girls in Washington state. The legislature further finds that the Seattle-Tacoma-Bellevue metro is among the five highest rates of impacted and at-risk communities in the United States, making addressing female genital mutilation and other sexual violence critical.

It is the intent of the legislature to expand the rights of survivors of sexual assault to survivors of all acts of sexual violence, including female genital mutilation.

The legislature declares that protection of victim witnesses in sexual assault and domestic violence cases is a substantial and compelling interest of the state. Sexual assault and domestic violence cases are some of the most difficult cases to prosecute. When sexual assault and domestic violence cases are prosecuted, a victim witness may suffer serious emotional and mental trauma from exposure to the defendant or from testifying in open court. In rare cases, the victim witness is so traumatized that the victim witness is unable to testify at trial and is unavailable as a witness, or the victim witness's ability to communicate in front of the defendant is so reduced that the truth-seeking function of trial is impaired. In other rare cases, the victim witness is able to proceed to trial but suffers long-lasting trauma as a result of testifying in court or in front of the defendant. This trauma is further exacerbated by the distress caused when examined by a pro se defendant. A pro se defendant's examination of the victim of sexual assault or domestic violence continues the psychological trauma inflicted upon the victim. The creation of procedural processes designed to enhance the truth-seeking process and to shield victim witnesses from unnecessary distress so that they may provide testimony is a compelling state interest.

The legislature further declares that it intends to protect victim witnesses in sexual assault and domestic violence cases while upholding the rights of defendants under Faretta v. California, 422 U.S. 806 (1975),the Sixth Amendment to the federal Constitution, and Article I, section 22 of the state Constitution, by applying the balancing test for testimony of children witnesses by closed-circuit television in State v. Foster, 135 Wn.2d 441, 957 P.2d 712 (1998) to such victim witnesses. The legislature finds that applying the balancing test in State v. Foster when permitting the court to conduct, or appoint the use of standby counsel to conduct, all examination of victim witnesses on behalf of the pro se defendant in sexual assault and domestic violence cases is necessary to further the substantial and compelling state interest in protecting the welfare of the particular victim witness, would assure the reliability of the testimony of such a victim witness, and ensure that a defendant's Faretta rights are not infringed.

NEW SECTION.  Sec. 2. A new section is added to chapter 7.69 RCW to read as follows:

(1)(a) On motion of the prosecuting attorney in any criminal proceeding involving sexual assault or domestic violence in which the defendant is proceeding pro se, whether or not the motion is at the request of the victim witness, the court may appoint standby counsel to conduct, or for a pretrial interview appoint an investigator to conduct, all examination of the victim witness on behalf of the pro se defendant if:

(i) The testimony will:

(A) Describe an act or attempted act of sexual contact or sexual assault performed with or on the victim witness by another person; or

(B) Describe an act or attempted act of domestic violence against the victim witness by another person;

(ii) The court finds, in a hearing conducted outside the presence of the jury, that:

(A) The victim witness involved would suffer more than de minimis distress associated with testifying or the courtroom generally; and

(B) The source of the increased distress would be the anticipated examination by or interaction with the defendant personally;

(iii) In cases where a court order prohibiting the defendant from contacting the victim witness is in effect, the court considers the existence of such an order;

(iv) The court finds that no less restrictive method of obtaining the testimony exists that can adequately protect the victim witness from suffering distress that was more than de minimis; and

(v) When the court appoints standby counsel to conduct, or for a pretrial interview appoints an investigator to conduct, all examination of the victim witness on behalf of the pro se defendant, if appropriate under the applicable evidentiary rules and case law, the standby counsel or investigator asks only those questions submitted or approved by the pro se defendant and the pro se defendant has the opportunity to offer additional questions and have such questions asked. Reasonable court recesses must be granted to facilitate the pro se defendant's ability to meaningfully cross-examine a witness through standby counsel or an investigator.

(b) If the court appoints standby counsel or an investigator pursuant to this subsection, the appointment of such standby counsel or investigator shall apply to all pretrial preparation and criminal proceedings including:

(i) Interviews;

(ii) Depositions;

(iii) Pretrial hearings;

(iv) Trial; and

(v) Posttrial proceedings.

(2) During the hearing conducted under subsection (1) of this section to determine if the court will appoint standby counsel to conduct, or for a pretrial interview appoint an investigator to conduct, all examination of a victim witness on behalf of the pro se defendant, the court may conduct the observation and examination of the victim upon request of the prosecutor. The pro se defendant shall have an opportunity to oppose the prosecutor's motion to have the court appoint standby counsel to conduct, or for a pretrial interview appoint an investigator to conduct, all examination on behalf of the pro se defendant. The defendant's opportunity to cross-examine a victim witness under this subsection shall be limited to the narrow purpose of determining whether the prosecutor's motion shall be granted.

(3) The court shall make particularized findings on the record articulating the factors upon which the court based its decision to appoint standby counsel to conduct, or for a pretrial interview appoint an investigator to conduct, all examination of the victim witness on behalf of the pro se defendant pursuant to this section. The court shall determine whether the source of the distress is the anticipated examination by the defendant and may appoint standby counsel to conduct, or for a pretrial interview appoint an investigator to conduct, all examination of the victim witness on behalf of the pro se defendant pursuant to this section. The factors the court may consider include, but are not limited to, consideration of:

(a) The victim witness's age, physical health, emotional stability, expressions of fear of being examined in open court by the defendant, and expressions of fear of being examined by the defendant during trial preparation;

(b) The relationship of the defendant to the victim witness;

(c) The nature of the underlying offense and the traumatization the victim witness will experience from being examined by the defendant;

(d) The victim witness's ability to testify in front of the defendant;

(e) The distress the victim witness will suffer; and

(f) In cases where a court order prohibiting the defendant from contacting the victim witness is in effect, the existence of such an order.

(4) Nothing in this section is intended to change a defendant's obligation to abide by a court order restraining the defendant from having any contact with a victim during trial preparation or during trial, whether inside or outside of the courtroom.

(5) As used in this section:

(a) "Sexual assault" has the same meaning as in RCW 70.125.030.

(b) "Sexual contact" has the same meaning as in RCW 9A.44.010.

(c) "Domestic violence" has the same meaning as in RCW 10.99.020.

NEW SECTION.  Sec. 3. A new section is added to chapter 7.69 RCW to read as follows:

Any minor age 13 years or older may consent to a forensic examination conducted for the purposes of gathering evidence for possible prosecution for domestic violence assault involving nonfatal strangulation.

Sec. 4. RCW 70.125.030 and 2012 c 29 s 10 are each amended to read as follows:

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

(1) "Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.

(2) "Core services" means those services that are victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.

(3) "Department" means the department of commerce.

(4) "Female genital mutilation" has the same meaning as in RCW 9A.36.175.

(5) "Law enforcement agencies" means police and sheriff's departments and tribal law enforcement departments or agencies of this state.

(((5)))(6) "Personal representative" means a friend, relative, attorney, or employee or volunteer from a community sexual assault program or specialized treatment service provider.

(((6)))(7) "Services for underserved populations" means culturally relevant victim-centered community-based advocacy responses to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.

(((7)))(8) "Sexual assault" means one or more of the following:

(a) Rape or rape of a child;

(b) Assault with intent to commit rape or rape of a child;

(c) Incest or indecent liberties;

(d) Child molestation;

(e) Sexual misconduct with a minor;

(f) Custodial sexual misconduct;

(g) Crimes with a sexual motivation;

(h) Sexual exploitation or commercial sex abuse of a minor;

(i) Promoting prostitution; or

(j) An attempt to commit any of the aforementioned offenses.

(((8)))(9) "Specialized services" means those services intended to alleviate the impact of sexual assault, as delineated in the Washington state sexual assault services plan of 1995 and its subsequent revisions.

(((9)))(10) "Victim" means any person who suffers physical, emotional, financial, and psychological impact as a proximate result of a sexual assault.

Sec. 5. RCW 70.125.110 and 2025 c 124 s 3 are each amended to read as follows:

(1) In addition to all other rights provided in law, a sexual ((assault))violence survivor has the right to:

(a) Receive a medical forensic examination at no cost;

(b) Receive written notice of the right under (a) of this subsection and that he or she may be eligible for other benefits under the crime victim compensation program, through a form developed by the office of crime victims advocacy, from the medical facility providing the survivor medical treatment relating to the sexual assault;

(c) Receive a referral to an accredited community sexual assault program or, in the case of a survivor who is a minor, receive a connection to services in accordance with the county child sexual abuse investigation protocol under RCW 26.44.180, which may include a referral to a children's advocacy center, when presenting at a medical facility for medical treatment relating to the assault and also when reporting the assault to a law enforcement officer;

(d) Consult with a sexual ((assault))violence survivor's advocate throughout the investigatory process and prosecution of the survivor's case, including during: Any medical evidentiary examination at a medical facility; any interview by law enforcement officers, prosecuting attorneys, or defense attorneys; and court proceedings, except while providing testimony in a criminal trial, in which case the advocate may be present in the courtroom. Medical facilities, law enforcement officers, prosecuting attorneys, defense attorneys, courts and other applicable criminal justice agencies, including correctional facilities, are responsible for providing advocates access to facilities where necessary to fulfill the requirements under this subsection. The right in this subsection applies regardless of whether a survivor has waived the right in a previous examination or interview;

(e) Be informed in writing of policies governing the collection and preservation of a sexual assault kit;

(f) Be informed, upon the request of a survivor, of when the forensic analysis of his or her sexual assault kit and other related physical evidence will be or was completed, the results of the forensic analysis, and whether the analysis yielded a DNA profile and match, provided that the disclosure is made at an appropriate time so as to not impede or compromise an ongoing investigation;

(g) Upon written request of a survivor, be granted further preservation of his or her sexual assault kit or its probative contents, without charge;

(h) Upon written request of a survivor, receive written notification from the appropriate official with custody of his or her sexual assault kit not later than 60 days before the date of the intended destruction or disposal of his or her sexual assault kit;

(i) Receive a copy of the police report related to the investigation without charge;

(j) Review his or her statement before law enforcement refers a case to the prosecuting attorney;

(k) Receive timely notifications from the law enforcement agency and prosecuting attorney as to the status of the investigation and any related prosecution of the survivor's case;

(l) Be informed by the law enforcement agency and prosecuting attorney as to the expected and appropriate time frames for receiving responses to the survivor's inquiries regarding the status of the investigation and any related prosecution of the survivor's case; and further, receive responses to the survivor's inquiries in a manner consistent with those time frames;

(m) Access interpreter services where necessary to facilitate communication throughout the investigatory process and prosecution of the survivor's case; and

(n) Where the sexual ((assault))violence survivor is a minor, have:

(i) The prosecutor consider and discuss the survivor's requests for remote video testimony under RCW 9A.44.150 when appropriate; and

(ii) The court consider requests from the prosecutor for safeguarding the survivor's feelings of security and safety in the courtroom in order to facilitate the survivor's testimony and participation in the criminal justice process.

(2) A sexual ((assault))violence survivor retains all the rights of this section regardless of whether the survivor agrees to participate in the criminal justice system and regardless of whether the survivor agrees to receive a forensic examination to collect evidence.

(3) If a survivor is denied any right enumerated in subsection (1) of this section, he or she may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the sexual assault occurred and providing notice of such petition to the relevant party or parties. Compliance with the right is the sole remedy available to the survivor. The court shall expedite consideration of a petition filed under this subsection.

(4) Nothing contained in this section may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding. Except in the circumstances as provided in subsection (3) of this section, this section does not grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to protect or adhere to the rights enumerated in this section may not result in civil liability against that person. This section does not limit other civil remedies or defenses of the sexual ((assault))violence survivor or the offender.

(5) For the purposes of this section:

(a) "Law enforcement officer" means a general authority Washington peace officer, as defined in RCW 10.93.020, or any person employed by a private police agency at a public school as described in RCW 28A.150.010 or an institution of higher education, as defined in RCW 28B.10.016.

(b) "Sexual ((assault))violence survivor" means any person who is a victim, as defined in RCW 7.69.020, of sexual assault or female genital mutilation. However, if a victim is incapacitated, deceased, or a minor, sexual ((assault))violence survivor also includes any lawful representative of the victim, including a parent, guardian, spouse, or other designated representative, unless the person is an alleged perpetrator or suspect.

(c) "Sexual ((assault))violence survivor's advocate" means any person who is defined in RCW 5.60.060 as a sexual assault advocate, or a crime victim advocate.

On page 1, line 2 of the title, after "responses;" strike the remainder of the title and insert "amending RCW 70.125.030 and 70.125.110; adding new sections to chapter 7.69 RCW; and creating a new section."