HOUSE BILL REPORT

HB 1302

BYRepresentatives 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 REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 2, 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:

SUBSTITUTE BILL:  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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute adds the spousal exception, and expands the coverage of the bill to include proprietors as well as public care facilities.

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.