HOUSE BILL REPORT

SHB 1302

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

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (16)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 11, 1988

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".

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.

EFFECT OF SENATE AMENDMENT(S):  The amendment creates the misdemeanor crime of patronizing a prostitute.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Bonnie Bergan, Citizen; Aaron Lowin, DSHS.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Developmentally disabled persons are especially vulnerable to persuasion by persons in position of authority.  It is simply inappropriate for staff people at care facilities to have sex with the clients.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 96; Excused 2

Excused:    Representatives Lewis, Sayan