S-1095               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5065

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge, Halsan, Newhouse, Nelson, Bottiger, Moore, Deccio, Garrett, Rasmussen, Johnson, Hayner and Tanner)

Read first time  1/23/87.

AN ACT Relating to witnesses of crimes; amending RCW 9.69.100; and prescribing penalties.

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

        Sec. 1.  Section 8, chapter 49, Laws of 1970 ex. sess. as amended by section 21, chapter 443, Laws of 1985 and RCW 9.69.100 are each amended to read as follows:

          (1) ((Whoever, having witnessed)) A person who witnesses the actual commission of:

(a) A violent offense as defined in RCW 9.94A.030(((17))) or preparations for the commission of such an offense((, or the actual commission of a felony sexual offense or an attempted felony sexual offense, does not as soon as reasonably possible notify the prosecuting attorney, or law enforcement, medical assistance, or other public officials of the state of Washington having jurisdiction over the matter, shall be guilty of a gross misdemeanor:  PROVIDED, That nothing in this section shall be so construed to affect existing privileged relationships as provided by law:  PROVIDED FURTHER, That the duty to notify a person or agency specified in this subsection shall be met if a person notifies or attempts to provide such notice by telephone or any other means, as soon as reasonably possible.

          (2) For the purposes of this section, "felony sexual offense" means a sexual offense constituting a class B felony under chapter 9.68A, 9A.44, or 9A.64 RCW));

(b) A sexual offense against an adult or child or an attempt to commit such a sexual offense; or

(c) An assault of a child or an adult dependent person that appears reasonably likely to cause substantial bodily harm to the child or adult dependent person,

shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.

(2) As used in this section, "dependent person" means a person who, because of physical or mental disability, or because of advanced age, is dependent upon another person to provide the basic necessities of life.

(3) This section shall not be construed to affect privileged relationships as provided by law.

(4) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.

(5) Failure to report as required by subsection (1) of this section is a gross misdemeanor.  However, a person is not required to report under this section where that person has a reasonable belief that making such a report would place that person or another family or household member in danger of immediate physical harm.