Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                              SENATE BILL 5177
                       Chapter 142, Laws of 2021
                               67th Legislature
                             2021 Regular Session
                   SEX OFFENSES—NONMARRIAGE ELEMENT
                    EFFECTIVE DATE: April 26, 2021
Passed by the Senate February 16,                    CERTIFICATE
2021
  Yeas 47 Nays 0                       I, Brad Hendrickson, Secretary of
                                       the   Senate   of  the   State   of
                                       Washington, do hereby certify that
              DENNY HECK               the attached is SENATE BILL 5177 as
President of the Senate                passed by the Senate and the House
                                       of Representatives on the dates
                                       hereon set forth.
Passed by the House April 8, 2021
  Yeas 97 Nays 1                                 BRAD HENDRICKSON
                                                                     Secretary
            LAURIE JINKINS
Speaker of the House of
Representatives
Approved April 26, 2021 2:29 PM                         FILED
                                                    April 26, 2021
                                                 Secretary of State
              JAY INSLEE                         State of Washington
Governor of the State of Washington
                                  SENATE BILL 5177
                     Passed Legislature - 2021 Regular Session
     State of Washington          67th Legislature           2021 Regular Session
     By Senators    Cleveland,   Dhingra,   Das,   Hunt,   Nguyen,   Pedersen,   and
     Wilson, C.
     Read first time 01/13/21.    Referred to Committee on Law & Justice.
      AN ACT   Relating to eliminating proof of nonmarriage as an element
  of a sex      offense; amending RCW 9A.44.050, 9A.44.073, 9A.44.076,
  9A.44.079,   9A.44.083, 9A.44.086, 9A.44.089, 9A.44.093, 9A.44.096, and
  9A.44.100;   and declaring an emergency.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 9A.44.050 and 2007 c 20 s 1 are each amended to read
 as follows:
     (1) A person is guilty of rape in the second degree when, under
 circumstances not constituting rape in the first degree, the person
 engages in sexual intercourse with another person:
     (a) By forcible compulsion;
     (b) When the victim is incapable of consent by reason of being
 physically helpless or mentally incapacitated;
     (c) When the victim is a person with a developmental disability
 and the perpetrator is a person who ((is not married to the victim
 and who)):
     (i) Has supervisory authority over the victim; or
     (ii) Was providing transportation, within the course of his or
 her employment, to the victim at the time of the offense;
     (d) When the perpetrator is a health care provider, the victim is
 a client or patient, and the sexual intercourse occurs during a
                                        p. 1                            SB 5177.SL
 treatment session, consultation, interview, or examination. It is an
 affirmative defense that the defendant must prove by a preponderance
 of the evidence that the client or patient consented to the sexual
 intercourse with the knowledge that the sexual intercourse was not
 for the purpose of treatment;
     (e) When the victim is a resident of a facility for persons with
 a mental disorder or chemical dependency and the perpetrator is a
 person who ((is not married to the victim and)) has supervisory
 authority over the victim; or
     (f) When the victim is a frail elder or vulnerable adult and the
 perpetrator is a person who ((is not married to the victim and who)):
     (i) Has a significant relationship with the victim; or
     (ii) Was providing transportation, within the course of his or
 her employment, to the victim at the time of the offense.
    (2) Rape in the second degree is a class A felony.
     Sec. 2.   RCW 9A.44.073 and 1988 c 145 s 2 are each amended to
 read as follows:
     (1) A person is guilty of rape of a child in the first degree
 when the person has sexual intercourse with another who is less than
 twelve years old ((and not married to the perpetrator)) and the
 perpetrator is at least twenty-four months older than the victim.
     (2) Rape of a child in the first degree is a class A felony.
     Sec. 3.   RCW 9A.44.076 and 1990 c 3 s 903 are each amended to
 read as follows:
     (1) A person is guilty of rape of a child in the second degree
 when the person has sexual intercourse with another who is at least
 twelve years old but less than fourteen years old ((and not married
 to the perpetrator)) and the perpetrator is at least thirty-six
 months older than the victim.
     (2) Rape of a child in the second degree is a class A felony.
     Sec. 4.   RCW 9A.44.079 and 1988 c 145 s 4 are each amended to
 read as follows:
     (1) A person is guilty of rape of a child in the third degree
 when the person has sexual intercourse with another who is at least
 fourteen years old but less than sixteen years old ((and not married
 to the perpetrator)) and the perpetrator is at least forty-eight
 months older than the victim.
                                     p. 2                       SB 5177.SL
     (2) Rape of a child in the third degree is a class C felony.
      Sec. 5. RCW 9A.44.083 and 1994 c 271 s 303 are each amended to
  read as follows:
      (1) A person is guilty of child molestation in the first degree
  when the person has, or knowingly causes another person under the age
  of eighteen to have, sexual contact with another who is less than
  twelve years old ((and not married to the perpetrator)) and the
  perpetrator is at least thirty-six months older than the victim.
      (2) Child molestation in the first degree is a class A felony.
     Sec. 6. RCW 9A.44.086 and 1994 c 271 s 304 are each amended to
 read as follows:
     (1) A person is guilty of child molestation in the second degree
 when the person has, or knowingly causes another person under the age
 of eighteen to have, sexual contact with another who is at least
 twelve years old but less than fourteen years old ((and not married
 to the perpetrator)) and the perpetrator is at least thirty-six
 months older than the victim.
     (2) Child molestation in the second degree is a class B felony.
     Sec. 7. RCW 9A.44.089 and 1994 c 271 s 305 are each amended to
 read as follows:
     (1) A person is guilty of child molestation in the third degree
 when the person has, or knowingly causes another person under the age
 of eighteen to have, sexual contact with another who is at least
 fourteen years old but less than sixteen years old ((and not married
 to the perpetrator)) and the perpetrator is at least forty-eight
 months older than the victim.
     (2) Child molestation in the third degree is a class C felony.
     Sec. 8.   RCW 9A.44.093 and 2009 c 324 s 1 are each amended to
 read as follows:
     (1) A person is guilty of sexual misconduct with a minor in the
 first degree when: (a) The person has, or knowingly causes another
 person under the age of eighteen to have, sexual intercourse with
 another person who is at least sixteen years old but less than
 eighteen years old ((and not married to the perpetrator)), if the
 perpetrator is at least sixty months older than the victim, is in a
 significant relationship to the victim, and abuses a supervisory
                                     p. 3                       SB 5177.SL
 position within that relationship in order to engage in or cause
 another person under the age of eighteen to engage in sexual
 intercourse with the victim; (b) the person is a school employee who
 has, or knowingly causes another person under the age of eighteen to
 have, sexual intercourse with an enrolled student of the school who
 is at least sixteen years old and not more than twenty-one years old
 ((and not married to the employee)), if the employee is at least
 sixty months older than the student; or (c) the person is a foster
 parent who has, or knowingly causes another person under the age of
 eighteen to have, sexual intercourse with his or her foster child who
 is at least sixteen.
     (2) Sexual misconduct with a minor in the first degree is a class
 C felony.
     (3) For the purposes of this section:
     (a) "Enrolled student" means any student enrolled at or attending
 a program hosted or sponsored by a common school as defined in RCW
 28A.150.020, or a student enrolled at or attending a program hosted
 or sponsored by a private school under chapter 28A.195 RCW, or any
 person who receives home-based instruction under chapter 28A.200 RCW.
     (b) "School employee" means an employee of a common school
 defined in RCW 28A.150.020, or a grade kindergarten through twelve
 employee of a private school under chapter 28A.195 RCW, who is not
 enrolled as a student of the common school or private school.
     Sec. 9.   RCW 9A.44.096 and 2009 c 324 s 2 are each amended to
 read as follows:
     (1) A person is guilty of sexual misconduct with a minor in the
 second degree when: (a) The person has, or knowingly causes another
 person under the age of eighteen to have, sexual contact with another
 person who is at least sixteen years old but less than eighteen years
 old ((and not married to the perpetrator)), if the perpetrator is at
 least sixty months older than the victim, is in a significant
 relationship to the victim, and abuses a supervisory position within
 that relationship in order to engage in or cause another person under
 the age of eighteen to engage in sexual contact with the victim; (b)
 the person is a school employee who has, or knowingly causes another
 person under the age of eighteen to have, sexual contact with an
 enrolled student of the school who is at least sixteen years old and
 not more than twenty-one years old ((and not married to the
 employee)), if the employee is at least sixty months older than the
                                     p. 4                       SB 5177.SL
 student; or (c) the person is a foster parent who has, or knowingly
 causes another person under the age of eighteen to have, sexual
 contact with his or her foster child who is at least sixteen.
     (2) Sexual misconduct with a minor in the second degree is a
 gross misdemeanor.
     (3) For the purposes of this section:
     (a) "Enrolled student" means any student enrolled at or attending
 a program hosted or sponsored by a common school as defined in RCW
 28A.150.020, or a student enrolled at or attending a program hosted
 or sponsored by a private school under chapter 28A.195 RCW, or any
 person who receives home-based instruction under chapter 28A.200 RCW.
     (b) "School employee" means an employee of a common school
 defined in RCW 28A.150.020, or a grade kindergarten through twelve
 employee of a private school under chapter 28A.195 RCW, who is not
 enrolled as a student of the common school or private school.
     Sec. 10.    RCW 9A.44.100 and 2013 c 94 s 2 are each amended to
 read as follows:
     (1) A person is guilty of indecent liberties when he or she
 knowingly causes another person to have sexual contact with him or
 her or another:
     (a) By forcible compulsion;
     (b) When the other person is incapable of consent by reason of
 being mentally defective, mentally incapacitated, or physically
 helpless;
     (c) When the victim is a person with a developmental disability
 and the perpetrator is a person who ((is not married to the victim
 and who)):
     (i) Has supervisory authority over the victim; or
     (ii) Was providing transportation, within the course of his or
 her employment, to the victim at the time of the offense;
     (d) When the perpetrator is a health care provider, the victim is
 a client or patient, and the sexual contact occurs during a treatment
 session,   consultation,   interview,  or   examination.  It  is   an
 affirmative defense that the defendant must prove by a preponderance
 of the evidence that the client or patient consented to the sexual
 contact with the knowledge that the sexual contact was not for the
 purpose of treatment;
     (e) When the victim is a resident of a facility for persons with
 a mental disorder or chemical dependency and the perpetrator is a
                                     p. 5                       SB 5177.SL
 person who ((is not married to the victim and)) has supervisory
 authority over the victim; or
     (f) When the victim is a frail elder or vulnerable adult and the
 perpetrator is a person who ((is not married to the victim and who)):
     (i) Has a significant relationship with the victim; or
     (ii) Was providing transportation, within the course of his or
 her employment, to the victim at the time of the offense.
     (2)(a) Except as provided in (b) of this subsection, indecent
 liberties is a class B felony.
     (b) Indecent liberties by forcible compulsion is a class A
 felony.
     NEW SECTION. Sec. 11. This act is necessary for the immediate
 preservation of the public peace, health, or safety, or support of
 the state government and its existing public institutions, and takes
 effect immediately.
         Passed by the Senate February 16, 2021.
         Passed by the House April 8, 2021.
         Approved by the Governor April 26, 2021.
         Filed in Office of Secretary of State April 26, 2021.
                                  --- END ---
                                     p. 6                        SB 5177.SL
Statutes affected: 
Original Bill: 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, 9A.44.093, 9A.44.096, 9A.44.100
Bill as Passed Legislature: 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, 9A.44.093, 9A.44.096, 9A.44.100
Session Law: 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, 9A.44.093, 9A.44.096, 9A.44.100
Bill: 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, 9A.44.093, 9A.44.096, 9A.44.100