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CERTIFICATION OF
ENROLLMENT
SUBSTITUTE SENATE BILL
6161
Passed Washington
State Legislature
2004 Regular Session
State of Washington
58th
Legislature
2004 Regular Session
By Senate Committee on
Judiciary (originally sponsored by Senators Regala, McCaslin, Franklin,
Brandland, B. Sheldon, Esser, Spanel, Winsley, Rasmussen, Kastama, Kohl-Welles,
Shin, Haugen, Keiser, Hargrove, Kline, Doumit, Eide, Fraser, Jacobsen, Benton,
Oke, Brown, Murray and McAuliffe)
READ FIRST TIME 01/23/04.
AN ACT Relating to general authority Washington law enforcement
agencies adopting policies addressing domestic violence committed or allegedly
committed by general authority Washington peace officers; amending RCW
10.99.020; adding a new section to chapter 10.99 RCW; and creating new
sections.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +} Sec. 1. The legislature reaffirms
its determination to reduce the incident rate of domestic violence. The
legislature finds it is appropriate to help reduce the incident rate of
domestic violence by addressing the need for improved coordination and
accountability among general authority Washington law enforcement agencies and
general authority Washington peace officers when reports of domestic violence
are made and the alleged perpetrator is a general authority Washington peace
officer. The legislature finds that coordination and accountability will be
improved if general authority Washington law enforcement agencies adopt
policies that meet statewide minimum requirements for training, reporting,
interagency cooperation, investigation, and collaboration with groups serving
victims of domestic violence. The legislature intends to provide maximum
flexibility to general authority Washington law enforcement agencies,
consistent with the purposes of this act, in their efforts to improve
coordination and accountability when incidents of domestic violence committed
or allegedly committed by general authority Washington peace officers are
reported.
Sec. 2. RCW 10.99.020 and 2000 c 119 s 5 are each
amended to read as follows:
Unless the context clearly requires
otherwise, the definitions in this section apply throughout this
chapter.
(1) {+ "Agency" means a general authority Washington law
enforcement agency as defined in RCW 10.93.020.
(2) "Association"
means the Washington association of sheriffs and police chiefs.
(3)
+} "Family or household members" means spouses, former spouses, persons who
have a child in common regardless of whether they have been married or have
lived together at any time, adult persons related by blood or marriage, adult
persons who are presently residing together or who have resided together in the
past, persons sixteen years of age or older who are presently residing together
or who have resided together in the past and who have or have had a dating
relationship, persons sixteen years of age or older with whom a person sixteen
years of age or older has or has had a dating relationship, and persons who
have a biological or legal parent-child relationship, including stepparents and
stepchildren and grandparents and grandchildren.
(({- (2)
-})) {+ (4) +} "Dating relationship" has the same meaning as in RCW
26.50.010.
(({- (3) -})) {+ (5) +} "Domestic violence"
includes but is not limited to any of the following crimes when committed by
one family or household member against another:
(a) Assault in the
first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW
9A.36.021);
(c) Assault in the third degree (RCW
9A.36.031);
(d) Assault in the fourth degree (RCW
9A.36.041);
(e) Drive-by shooting (RCW 9A.36.045);
(f)
Reckless endangerment (RCW 9A.36.050);
(g) Coercion (RCW
9A.36.070);
(h) Burglary in the first degree (RCW
9A.52.020);
(i) Burglary in the second degree (RCW
9A.52.030);
(j) Criminal trespass in the first degree (RCW
9A.52.070);
(k) Criminal trespass in the second degree (RCW
9A.52.080);
(l) Malicious mischief in the first degree (RCW
9A.48.070);
(m) Malicious mischief in the second degree (RCW
9A.48.080);
(n) Malicious mischief in the third degree (RCW
9A.48.090);
(o) Kidnapping in the first degree (RCW
9A.40.020);
(p) Kidnapping in the second degree (RCW
9A.40.030);
(q) Unlawful imprisonment (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order, no-contact order, or
protection order restraining or enjoining the person or restraining the person
from going onto the grounds of or entering a residence, workplace, school, or
day care, or prohibiting the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070,
26.50.130, 26.52.070, or 74.34.145);
(s) Rape in the first degree
(RCW 9A.44.040);
(t) Rape in the second degree (RCW
9A.44.050);
(u) Residential burglary (RCW 9A.52.025);
(v) Stalking (RCW 9A.46.110); and
(w) Interference with the
reporting of domestic violence (RCW 9A.36.150).
(({- (4)
-})) {+ (6) "Employee" means any person currently employed with an
agency.
(7) "Sworn employee" means a general authority Washington
peace officer as defined in RCW 10.93.020, any person appointed under RCW
35.21.333, and any person appointed or elected to carry out the duties of the
sheriff under chapter 36.28 RCW.
(8) +} "Victim" means a family or
household member who has been subjected to domestic
violence.
{+ NEW SECTION. +} Sec. 3. A new section
is added to chapter 10.99 RCW to read as follows:
(1) By December
1, 2004, the association shall develop a written model policy on domestic
violence committed or allegedly committed by sworn employees of agencies. In
developing the policy, the association shall convene a work group consisting of
representatives from the following entities and professions:
(a)
Statewide organizations representing state and local enforcement
officers;
(b) A statewide organization providing training and
education for agencies having the primary responsibility of serving victims of
domestic violence with emergency shelter and other services; and
(c) Any other organization or profession the association determines to be
appropriate.
(2) Members of the work group shall serve without
compensation.
(3) The model policy shall provide due process for
employees and, at a minimum, meet the following standards:
(a)
Provide prehire screening procedures reasonably calculated to disclose whether
an applicant for a sworn employee position:
(i) Has committed or,
based on credible sources, has been accused of committing an act of domestic
violence;
(ii) Is currently being investigated for an allegation of
child abuse or neglect or has previously been investigated for founded
allegations of child abuse or neglect; or
(iii) Is currently or has
previously been subject to any order under RCW 26.44.063, this chapter, chapter
10.14 or 26.50 RCW, or any equivalent order issued by another state or tribal
court;
(b) Provide for the mandatory, immediate response to acts or
allegations of domestic violence committed or allegedly committed by a sworn
employee of an agency;
(c) Provide to a sworn employee, upon the
request of the sworn employee or when the sworn employee has been alleged to
have committed an act of domestic violence, information on programs under RCW
26.50.150;
(d) Provide for the mandatory, immediate reporting by
employees when an employee becomes aware of an allegation of domestic violence
committed or allegedly committed by a sworn employee of the agency employing
the sworn employee;
(e) Provide procedures to address reporting by
an employee who is the victim of domestic violence committed or allegedly
committed by a sworn employee of an agency;
(f) Provide for the
mandatory, immediate self-reporting by a sworn employee to his or her employing
agency when an agency in any jurisdiction has responded to a domestic violence
call in which the sworn employee committed or allegedly committed an act of
domestic violence;
(g) Provide for the mandatory, immediate
self-reporting by a sworn employee to his or her employing agency if the
employee is currently being investigated for an allegation of child abuse or
neglect or has previously been investigated for founded allegations of child
abuse or neglect, or is currently or has previously been subject to any order
under RCW 26.44.063, this chapter, chapter 10.14 or 26.50 RCW, or any
equivalent order issued by another state or tribal court;
(h)
Provide for the performance of prompt separate and impartial administrative and
criminal investigations of acts or allegations of domestic violence committed
or allegedly committed by a sworn employee of an agency;
(i)
Provide for appropriate action to be taken during an administrative or criminal
investigation of acts or allegations of domestic violence committed or
allegedly committed by a sworn employee of an agency. The policy shall provide
procedures to address, in a manner consistent with applicable law and the
agency's ability to maintain public safety within its jurisdiction, whether to
relieve the sworn employee of agency-issued weapons and other agency-issued
property and whether to suspend the sworn employee's power of arrest or other
police powers pending resolution of any investigation;
(j) Provide
for prompt and appropriate discipline or sanctions when, after an agency
investigation, it is determined that a sworn employee has committed an act of
domestic violence;
(k) Provide that, when there has been an
allegation of domestic violence committed or allegedly committed by a sworn
employee, the agency immediately make available to the alleged victim the
following information:
(i) The agency's written policy on domestic
violence committed or allegedly committed by sworn employees;
(ii)
Information, including but not limited to contact information, about public and
private nonprofit domestic violence advocates and services; and
(iii) Information regarding relevant confidentiality policies related to the
victim's information;
(l) Provide procedures for the timely
response, consistent with chapters 42.17 and 10.97 RCW, to an alleged victim's
inquiries into the status of the administrative investigation and the
procedures the agency will follow in an investigation of domestic violence
committed or allegedly committed by a sworn employee;
(m) Provide
procedures requiring an agency to immediately notify the employing agency of a
sworn employee when the notifying agency becomes aware of acts or allegations
of domestic violence committed or allegedly committed by the sworn employee
within the jurisdiction of the notifying agency; and
(n) Provide
procedures for agencies to access and share domestic violence training within
their jurisdiction and with other jurisdictions.
(4) By June 1,
2005, every agency shall adopt and implement a written policy on domestic
violence committed or allegedly committed by sworn employees of the agency that
meet the minimum standards specified in this section. In lieu of developing
its own policy, the agency may adopt the model policy developed by the
association under this section. In developing its own policy, or before
adopting the model policy, the agency shall consult public and private
nonprofit domestic violence advocates and any other organizations and
professions the agency finds appropriate.
(5)(a) Except as provided
in this section, not later than June 30, 2006, every sworn employee of an
agency shall be trained by the agency on the agency's policy required under
this section.
(b) Sworn employees hired by an agency on or after
March 1, 2006, shall, within six months of beginning employment, be trained by
the agency on the agency's policy required under this section.
(6)(a) By June 1, 2005, every agency shall provide a copy of its policy
developed under this section to the association and shall provide a statement
notifying the association of whether the agency has complied with the training
required under this section. The copy and statement shall be provided in
electronic format unless the agency is unable to do so. The agency shall
provide the association with any revisions to the policy upon
adoption.
(b) The association shall maintain a copy of each agency's
policy and shall provide to the governor and legislature not later than January
1, 2006, a list of those agencies that have not developed and submitted
policies and those agencies that have not stated their compliance with the
training required under this section.
(c) The association shall,
upon request and within its resources, provide technical assistance to agencies
in developing their policies.
{+ NEW SECTION. +} Sec. 4.
The code reviser shall correct any cross-references to RCW 10.99.020 that are
changed by this act.
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