This section modifies existing section 7.68.170. Here is the modified chapter for context.
No costs incurred by a hospital or other emergency medical facility located in the state for the examination of the victim of a sexual assault, when such examination is performed for the purposes of gathering evidence for possible prosecution, shall be billed or charged directly or indirectly to the victim of such assault**, regardless of whether the victim is a state resident**. Such costs shall be paid by the state pursuant to this chapter.
A sexual assault victim who is a state resident and who receives an examination performed for the purposes of gathering evidence for possible prosecution by a hospital or other emergency medical facility located outside of the state may seek reimbursement for any costs charged to him or her by the hospital or facility, and those costs shall be reimbursed by the state pursuant to this chapter. The department may establish arrangements with any hospital or facility located out of state to allow costs for examinations of state residents to be paid according to the same procedures under subsection (1) of this section so as to prevent such residents from being charged directly or indirectly for the examination.
This section modifies existing section 7.69.030. Here is the modified chapter for context.
There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights, which apply to any adult or juvenile criminal proceeding and any civil commitment proceeding under chapter 10.77 or 71.09 RCW:
With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;
To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;
To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;
To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;
To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;
To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process or the civil commitment process under chapter 10.77 or 71.09 RCW in order to minimize an employee's loss of pay and other benefits resulting from court appearance;
To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance. Victims of domestic violence, sexual assault, or stalking, as defined in RCW 49.76.020, shall be notified of their right to reasonable leave from employment under chapter 49.76 RCW;
With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate or support person does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing or disposition hearing for felony convictions or final determination under chapter 10.77 or 71.09 RCW upon request by a victim or survivor;
To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;
With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions; and
With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.
If a victim, survivor of a victim, or witness of a crime is denied a right enumerated in this section, he or she may seek an order directing compliance by the relevant party or parties by filing a petition in the superior court in the county in which the crime occurred and providing notice of such petition to the relevant party or parties. Compliance with the right is the sole available remedy. The court shall expedite consideration of a petition filed under this subsection.
This section adds a new section to an existing chapter 43.10. Here is the modified chapter for context.
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The sexual assault forensic examination best practices advisory group is established within the office of the attorney general for the purpose of reviewing best practice models for managing all aspects of sexual assault investigations and for reducing the number of untested sexual assault kits in Washington state.
The caucus leaders from the senate shall appoint one member from each of the two largest caucuses of the senate.
The caucus leaders from the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
The attorney general, in consultation with the legislative members of the advisory group, shall appoint:
(A) One member representing each of the following:
(I) The Washington state patrol;
(II) The Washington association of sheriffs and police chiefs;
(III) The Washington association of prosecuting attorneys;
(IV) The Washington defender association or the Washington association of criminal defense lawyers;
(V) The Washington association of cities;
(VI) The Washington association of county officials;
(VII) The Washington coalition of sexual assault programs;
(VIII) The office of crime victims advocacy;
(IX) The Washington state hospital association;
(X) The office of the attorney general; and
(XI) The criminal justice training commission;
(B) Two members representing survivors of sexual assault;
(C) One member who is a sexual assault nurse examiner;
(D) Two members who are law enforcement officers, one from a rural area and one from an urban area of the state;
(E) One member who is a prosecuting attorney serving in a county in a rural area of the state; and
(F) Two members who are community-based advocates, one from a rural area and one from an urban area of the state.
b. When appointing members under (a)(iii)(D) of this subsection, the office of the attorney general shall solicit recommendations from statewide labor organizations representing law enforcement officers.
The duties of the advisory group include, but are not limited to:
Researching the best practice models both in state and from other states for collaborative responses to victims of sexual assault from the point the sexual assault kit is collected to the conclusion of the investigation and prosecution of a case, and providing recommendations regarding any existing gaps in Washington and resources that may be necessary to address those gaps;
Researching and making recommendations on opportunities to increase access to, and availability of, critical sexual assault nurse examiner services;
Monitoring the testing of the backlog of sexual assault kits and the supply chain and distribution of sexual assault kits;
Monitoring implementation of state and federal legislative changes;
Collaborating with the legislature, state agencies, medical facilities, and local governments to implement reforms pursuant to federal grant requirements; and
Making recommendations for institutional reforms necessary to prevent sexual assault and improve the experiences of sexual assault survivors in the criminal justice system.
The office of the attorney general shall administer and provide staff support to the advisory group.
Legislative members of the advisory group must be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
The advisory group must meet no less than twice annually.
The advisory group shall report its findings and recommendations to the appropriate committees of the legislature and the governor by December 15th of each year.
This section expires July 1, 2026.
This section modifies existing section 43.101.272. Here is the modified chapter for context.
Subject to the availability of amounts appropriated for this specific purpose, the commission shall provide ongoing specialized, intensive, and integrative training for persons responsible for investigating sexual assault cases involving adult victims. The training must be based on a victim-centered, trauma-informed approach to responding to sexual assault. Among other subjects, the training must include content on the neurobiology of trauma and trauma-informed interviewing, counseling, and investigative techniques.
The training must: Be based on research-based practices and standards; offer participants an opportunity to practice interview skills and receive feedback from instructors; minimize the trauma of all persons who are interviewed during abuse investigations; provide methods of reducing the number of investigative interviews necessary whenever possible; assure, to the extent possible, that investigative interviews are thorough, objective, and complete; recognize needs of special populations; recognize the nature and consequences of victimization; require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; address record retention and retrieval; address documentation of investigative interviews; and educate investigators on the best practices for notifying victims of the results of forensic analysis of sexual assault kits and other significant events in the investigative process, including for active investigations and cold cases.
In developing the training, the commission shall seek advice from the Washington association of sheriffs and police chiefs, the Washington coalition of sexual assault programs, and experts on sexual assault and the neurobiology of trauma. The commission shall consult with the Washington association of prosecuting attorneys in an effort to design training containing consistent elements for all professionals engaged in interviewing and interacting with sexual assault victims in the criminal justice system.
Officers assigned to regularly investigate sexual assault involving adult victims shall complete the training within one year of being assigned .
This section modifies existing section 43.101.276. Here is the modified chapter for context.
Subject to the availability of amounts appropriated for this specific purpose, the commission shall develop peace officer training on a victim-centered, trauma-informed approach to interacting with victims and responding to calls involving gender-based violence. The curriculum must include features allowing for it to be used in different environments, which may include multimedia or video components. The training must include components on available resources for victims including, but not limited to, material on and references to community-based victim advocates.
In developing the training, the commission shall seek advice from the Washington association of sheriffs and police chiefs, the Washington coalition of sexual assault programs, and experts on sexual assault and the neurobiology of trauma.
All peace officers shall complete the training under this section at least once every three years.
This section modifies existing section 43.101.278. Here is the modified chapter for context.
Subject to the availability of amounts appropriated for this specific purpose, the commission shall conduct an annual case review program. The program must review case files from law enforcement agencies and prosecuting attorneys selected by the commission in order to identify changes to training and investigatory practices necessary to optimize outcomes in sexual assault investigations and prosecutions involving adult victims. The program must include:
An evaluation of whether current training and practices foster a trauma-informed, victim-centered approach to victim interviews and that identifies best practices and current gaps in training and assesses the integration of the community resiliency model;
A comparison of cases involving investigators , interviewers**, and prosecutors** who have participated in training to cases involving investigators , interviewers**, and prosecutors** who have not participated in training;
Randomly selected cases for a systematic review to assess whether current practices conform to national best practices for a multidisciplinary approach to investigating and prosecuting sexual assault cases and interacting with survivors; and
An analysis of the impact that race and ethnicity have on sexual assault case outcomes.
The case review program may review and access files, including all reports and recordings, pertaining to closed cases involving allegations of adult sexual assault only. Any law enforcement agency or prosecuting attorney selected for the program by the commission shall make requested case files and other documents available to the commission, provided that the case files are not linked to ongoing, open investigations and that redactions may be made where appropriate and necessary. Agencies and prosecuting attorneys shall include available information on the race and ethnicity of all sexual assault victims in the relevant case files provided to the commission. Case files and other documents must be made available to the commission according to appropriate deadlines established by the commission in consultation with the agency or prosecuting attorney.
If a law enforcement agency has not participated in the training under RCW 43.101.272 or 43.101.276 within the previous 24 months, the commission may prioritize the agency for selection to participate in the program under this section.
In designing and conducting the program, the commission shall consult and collaborate with experts in trauma-informed and victim-centered training, experts in sexual assault investigations and prosecutions, victim advocates, and other stakeholders identified by the commission. The commission may form a multidisciplinary working group for the purpose of carrying out the requirements of this section.
The commission shall submit a report with a summary of its work to the governor and the appropriate committees of the legislature by December 1st of each year.
This section adds a new section to an existing chapter 28A.630. Here is the modified chapter for context.
Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall:
Research best practices for a victim-centered, trauma-informed approach to responding to sexual assault and supporting survivors in schools;
Conduct listening sessions across the state for the purpose of assessing challenges with responding to sexual assault and supporting survivors in schools;
Update model protocols for responding to sexual assault and supporting survivors in schools;
Develop a plan for deploying victim-centered, trauma-informed training for school administrators and counselors, based on best practices for responding to sexual assault and supporting survivors in schools and informed by the requirements of Title IX of the education amendments of 1972; and
Review current legal requirements mandating educators and staff report suspected sexual assault and assess whether changes to those requirements should be made to align them with best practices for responding to sexual assault and supporting survivors in schools.
In completing the requirements of this section, the office of the superintendent of public instruction shall consult with the department of children, youth, and families, law enforcement professionals, national and state organizations supporting the interests of sexual assault survivors, victims' advocates, educators, school administrators, school counselors, and sexual assault survivors.
The office of the superintendent of public instruction shall submit to the governor and the appropriate committees of the legislature a preliminary report by December 1, 2022, and a final report, including a summary of its findings and recommendations, by October 1, 2023.
This section expires July 1, 2024.
This section adds a new section to an existing chapter 43.101. Here is the modified chapter for context.
Subject to the availability of amounts appropriated for this specific purpose, the commission shall, in consultation with the special resource prosecutor under section 9 of this act, develop and conduct specialized, intensive, and integrative training for persons responsible for prosecuting sexual assault cases involving adult victims.
The training must:
Use a victim-centered, trauma-informed approach to prosecuting sexual assaults including, but not limited to, the following goals: Recognizing the nature and consequences of victimization; prioritizing the safety and well-being of victims; and recognizing the needs of special populations;
Include content on the neurobiology of trauma and trauma-informed interviewing, counseling, investigative, and prosecution techniques;
Offer participants an opportunity to practice interview and trial skills, including receiving feedback from instructors;
Share best practices for communicating with victims throughout the criminal justice process;
Include additional content relevant to and informed by best practices for improving outcomes in sexual assault prosecutions, as deemed appropriate by the commission;
Take into account the training under RCW 43.101.272 in order to provide consistent and complimentary training for investigators and prosecutors;
Be designed to qualify for some continuing legal education credits through the Washington state bar association; and
Be offered at least once per calendar year and be deployed in different locations across the state, or through some other broadly accessible means, in order to improve access to the training for prosecutors serving in small offices or rural areas.
This section adds a new section to an existing chapter 43.101. Here is the modified chapter for context.
Subject to the availability of amounts appropriated for this specific purpose, the commission shall administer a grant program for establishing a statewide resource prosecutor for sexual assault cases.
The grant recipient must be a statewide organization or association representing prosecuting attorneys. The grant recipient shall hire a resource prosecutor for the following purposes:
To assist with the development and implementation of training under section 8 of this act;
To provide technical assistance and research to prosecutors for prosecuting sexual assault cases;
To provide additional training and resources to prosecutors to support a trauma-informed, victim-centered approach to prosecuting sexual assault cases;
To meet regularly with law enforcement agencies and prosecutors to explain legal issues and prosecutorial approaches to sexual assault cases and provide and receive feedback to improve case outcomes;
To consult with the commission, the office of the attorney general, and the sexual assault forensic examination best practices advisory group under section 3 of this act with respect to developing and implementing best practices for prosecuting sexual assault cases across the state; and
To comply with other requirements established by the commission under this section.
The commission may, in consultation with the sexual assault forensic examination best practices advisory group under section 3 of this act, establish additional appropriate conditions for any grant awarded under this section. The commission may adopt necessary policies and procedures to implement and administer the grant program, including monitoring the use of grant funds and compliance with the grant requirements.
This section adds a new section to an existing chapter 70.02. Here is the modified chapter for context.
A disclosure authorization to a health care provider or health care facility authorizing disclosure of information to law enforcement regarding a forensic examination performed for the purposes of gathering evidence for possible prosecution of a criminal offense must be valid until the end of all related criminal proceedings or a later event selected by the provider, facility, patient, or patient's representative, unless the patient or patient's representative requests a different expiration date or event for the disclosure authorization.