S-2021.1

SECOND SUBSTITUTE SENATE BILL 5356

BySenate Ways & Means (originally sponsored by Senators Orwall, Hasegawa, Nobles, and C. Wilson)

AN ACT Relating to training provided by the criminal justice training commission on a victim-centered, trauma-informed approach to interacting with victims and responding to calls involving gender-based violence or sexual violence; amending RCW 43.101.270, 43.101.272, and 43.101.273; reenacting and amending RCW 43.101.276; and providing an effective date.

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

Sec. 1. RCW 43.101.270 and 2015 c 286 s 2 are each amended to read as follows:

(1) Each year the criminal justice training commission shall offer an intensive, integrated training session on investigating and prosecuting sexual assault cases. The training shall place particular emphasis on the development of professionalism and sensitivity towards the victim and the victim's family.

(2) The commission shall seek advice from the Washington association of prosecuting attorneys, the Washington defender association, the Washington association of sheriffs and police chiefs, ((and)) the Washington coalition of sexual assault programs, and the student achievement council.

(3) The training shall be an integrated approach to sexual assault cases so that prosecutors, law enforcement, defenders, Title IX investigators that serve institutions of higher education, and victim advocates can all benefit from the training.

(4) The training shall be self-supporting through fees charged to the participants of the training.

(5) The training shall include a reference to the possibility that a court may allow children under the age of ((fourteen))18 to testify in a room outside the presence of the defendant and the jury pursuant to RCW 9A.44.150.

Sec. 2. RCW 43.101.272 and 2023 c 197 s 3 are each amended to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the commission shall provide ongoing specialized, intensive, and integrative training for persons responsible for investigating sexual assault and other gender-based violence involving adult victims, including persons responsible for regularly investigating prohibited conduct at institutions of higher education under Title IX of the education amendments of 1972, 20 U.S.C. Sec. 1681—1683, and as thereafter amended, and the highest ranking supervisors and commanders overseeing sexual assault and other gender-based violence investigations. The training must be based on a victim-centered, trauma-informed approach to responding to sexual assault. Among other subjects, the training must include content on the neurobiology of trauma and trauma-informed interviewing, counseling, and investigative techniques.

(2) The training must: Be based on research-based practices and standards; offer participants an opportunity to practice interview skills and receive feedback from instructors; minimize the trauma of all persons who are interviewed during abuse investigations; provide methods of reducing the number of investigative interviews necessary whenever possible; assure, to the extent possible, that investigative interviews are thorough, objective, and complete; recognize needs of special populations; recognize the nature and consequences of victimization; require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; address record retention and retrieval; address documentation of investigative interviews; and educate investigators on the best practices for notifying victims of the results of forensic analysis of sexual assault kits and other significant events in the investigative process, including for active investigations and cold cases.

(3) In developing the training, the commission shall seek advice from the Washington association of sheriffs and police chiefs, the Washington coalition of sexual assault programs, and experts on sexual assault, gender-based violence, and the neurobiology of trauma. The commission shall consult with the Washington association of prosecuting attorneys and the student achievement council in an effort to design training containing consistent elements for all professionals engaged in interviewing and interacting with sexual assault victims in the criminal justice system.

(4) Officers assigned to regularly investigate sexual assault and other gender-based violence involving adult victims and the highest ranking supervisors and commanders overseeing those investigations shall complete the training within one year of being assigned.

Sec. 3. RCW 43.101.273 and 2023 c 197 s 6 are each amended to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the commission shall, in partnership with the special resource prosecutor under RCW 43.101.279, develop and conduct specialized, intensive, and integrative training for persons responsible for prosecuting sexual assault cases involving adult and minor victims.

(2) The training must:

(a) Use a victim-centered, trauma-informed approach to prosecuting sexual assaults including, but not limited to, the following goals: Recognizing the nature and consequences of victimization; prioritizing the safety and well-being of victims; and recognizing the needs of special populations;

(b) Include content on the neurobiology of trauma and trauma-informed interviewing, counseling, investigative, and prosecution techniques;

(c) Offer participants an opportunity to practice interview and trial skills, including receiving feedback from instructors;

(d) Share best practices for communicating with victims throughout the criminal justice process;

(e) Include additional content relevant to and informed by best practices for improving outcomes in sexual assault prosecutions, as deemed appropriate by the commission;

(f) Take into account the training under RCW 43.101.272 in order to provide consistent and ((complimentary))complementary training for investigators and prosecutors;

(g) Be designed to qualify for some continuing legal education credits through the Washington state bar association; and

(h) Be offered at least once per calendar year and be deployed in different locations across the state, or through some other broadly accessible means, in order to improve access to the training for prosecutors serving in small offices or rural areas.

Sec. 4. RCW 43.101.276 and 2023 c 197 s 4 and 2023 c 168 s 4 are each reenacted and amended to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the commission shall develop two curricula for peace officer training as follows:

(a) Training for peace officers working on patrol on a victim-centered, trauma-informed approach to interacting with victims and responding to calls involving ((gender-based))sexual violence; and

(b) Training for peace officers on a victim-centered, trauma-informed approach to interacting with victims and responding to calls involving gender-based violence.

(2) The curriculum for both subsection (1)(a) and (b) of this section must: Be designed for deployment and use within individual law enforcement agencies; include features allowing for it to be used in different environments, which may include multimedia or video components; and allow for law enforcement agencies to host it in small segments at different times over several days or weeks, including roll calls. The training must include components on available resources for victims including, but not limited to, material on and references to community-based victim advocates.

(((2)))(3)(a) In developing the training for interacting with victims and responding to calls involving sexual violence, the commission shall seek advice from the Washington association of sheriffs and police chiefs, the Washington coalition of sexual assault programs, and experts on sexual assault((, gender-based violence,)) and the neurobiology of trauma.

(((3)))(b) All peace officers working on patrol shall complete the training under subsection (1)(a) of this section within one year of patrol assignment and at least once every three years thereafter.

(b) All peace officers shall complete the training under subsection (1)(b) of this section at least once every three years.

(((4)))(5) With the exception of the state parks and recreation commission, the training requirements under this section do not apply to limited authority Washington law enforcement agencies as defined in RCW 10.93.020 whose authority does not include the investigation of sexual assaults or gender-based violence.

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