FINAL BILL REPORT

SHB 1302

                                  C 146 L 88

BYHouse Committee on Judiciary (originally sponsored by Representatives Kremen, Patrick, Fisher, Rayburn, Lux, Cooper, Basich, K. Wilson, Lewis, Cole, Holm, Haugen, Brekke, Barnes, Holland, Nealey, Sutherland, Sprenkle, Cantwell, Walker, Betrozoff, Meyers, Hargrove, Baugher, Rasmussen, Silver, Fuhrman, Spanel, Fox, Jones, Peery, Ebersole, Dellwo, Heavey, Leonard, Zellinsky, Day, Vekich, Crane, Moyer, Butterfield, D. Sommers, Braddock, Pruitt, Brough, Todd, Ballard, O'Brien, Winsley, Hine, May, Hankins, Miller, Schoon, Doty, Ferguson and P. King)

Establishing penalties for sexual offenses against developmentally disabled persons.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

"Developmentally disabled" persons are those who suffer from mental retardation, or a similar condition, that began before the age of 18, that is expected to continue indefinitely and that constitutes a "substantial handicap."

Current sex offense laws make it unlawful to have sexual intercourse or sexual contact with a person who is incapable of consent because of being "mentally defective," or "mentally incapacitated."  The term "mental incapacity" is defined to mean an inability to understand the "nature or consequences of the act of sexual intercourse."  The term "consent" is defined to mean "actual words or conduct indicating freely given agreement."

A recent court decision held that current prostitution laws do not apply to patrons of prostitutes.

SUMMARY:

It is unlawful for a person in a "supervisory position" to engage in sexual intercourse or sexual contact with a developmentally disabled person.  An exception is provided for spouses of developmentally disabled persons.  The crime involving intercourse is Second Degree Rape, and the crime involving contact is Indecent Liberties.  Persons in supervisory positions include proprietors and employees of any treatment or care facility for developmentally disabled persons.

The misdemeanor crime of patronizing a prostitute is created.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    48     0(Senate amended)

      House             (House refused to concur)

Free Conference Committee

      Senate    46     0

      House 97   0

EFFECTIVE:July 1, 1988

            March 21, 1988 (Section 4)