CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE SENATE BILL 5937
Chapter 297, Laws of 2024
68th Legislature
2024 Regular Session
CRIMES—VARIOUS PROVISIONS
EFFECTIVE DATE: July 1, 2024
Passed by the Senate February 12, CERTIFICATE
2024
Yeas 49 Nays 0 I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
DENNY HECK the attached is ENGROSSED SECOND
President of the Senate SUBSTITUTE SENATE BILL 5937 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Passed by the House February 28, 2024
Yeas 94 Nays 0
SARAH BANNISTER
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved March 26, 2024 1:44 PM FILED
March 27, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5937
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By Senate Ways & Means (originally sponsored by Senators Dhingra,
Braun, Hasegawa, Keiser, Kuderer, Liias, Lovelett, Lovick, Nguyen,
Nobles, Stanford, Trudeau, Valdez, Wellman, and C. Wilson)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to supporting crime victims and witnesses by
2 promoting victim-centered, trauma-informed responses; amending RCW
3 7.68.020, 7.68.060, 7.68.066, 7.68.080, 7.68.094, 7.68.170, 7.68.803,
4 7.69.010, 7.69.030, 9A.44.020, 9A.44.040, and 13.40.210; reenacting
5 and amending RCW 9A.04.080; adding a new section to chapter 7.68 RCW;
6 adding new sections to chapter 9A.44 RCW; adding a new section to
7 chapter 43.70 RCW; adding a new section to chapter 70.125 RCW;
8 prescribing penalties; and providing an effective date.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 Sec. 1. RCW 7.68.020 and 2020 c 274 s 1 are each amended to read
11 as follows:
12 The following words and phrases as used in this chapter have the
13 meanings set forth in this section unless the context otherwise
14 requires.
15 (1) "Accredited school" means a school or course of instruction
16 which is:
17 (a) Approved by the state superintendent of public instruction,
18 the state board of education, or the state board for community and
19 technical colleges; or
20 (b) Regulated or licensed as to course content by any agency of
21 the state or under any occupational licensing act of the state, or
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 1 recognized by the apprenticeship council under an agreement
2 registered with the apprenticeship council pursuant to chapter 49.04
3 RCW.
4 (2) "Average monthly wage" means the average annual wage as
5 determined under RCW 50.04.355 as now or hereafter amended divided by
6 twelve.
7 (3) "Beneficiary" means a husband, wife, registered domestic
8 partner, or child of a victim in whom shall vest a right to receive
9 payment under this chapter, except that a husband or wife of an
10 injured victim, living separate and apart in a state of abandonment,
11 regardless of the party responsible therefor, for more than one year
12 at the time of the injury or subsequently, shall not be a
13 beneficiary. A spouse who has lived separate and apart from the other
14 spouse for the period of two years and who has not, during that time,
15 received or attempted by process of law to collect funds for
16 maintenance, shall be deemed living in a state of abandonment.
17 (4) "Child" means every natural born child, posthumous child,
18 stepchild, child legally adopted prior to the injury, child born
19 after the injury where conception occurred prior to the injury, and
20 dependent child in the legal custody and control of the victim, all
21 while under the age of eighteen years, or under the age of twenty-
22 three years while permanently enrolled as a full-time student in an
23 accredited school, and over the age of eighteen years if the child is
24 a dependent as a result of a disability.
25 (5) "Consumer price index" means the consumer price index
26 compiled by the bureau of labor statistics, United States department
27 of labor for the state of Washington. If the bureau of labor
28 statistics develops more than one consumer price index for areas
29 within the state, the index covering the greatest number of people,
30 covering areas exclusively within the boundaries of the state, and
31 including all items must be used.
32 (6) "Criminal act" means an act committed or attempted in this
33 state, unless otherwise provided in this chapter, which is: (a)
34 Punishable as a federal offense that is comparable to a felony or
35 gross misdemeanor in this state; (b) punishable as a felony or gross
36 misdemeanor under the laws of this state; (c) an act committed
37 outside the state of Washington against a resident of the state of
38 Washington which would be compensable had it occurred inside this
39 state and the crime occurred in a state which does not have a crime
40 victims' compensation program, for which the victim is eligible as
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 1 set forth in the Washington compensation law; or (d) trafficking as
2 defined in RCW 9A.40.100. A "criminal act" does not include the
3 following:
4 (i) The operation of a motor vehicle, motorcycle, train, boat, or
5 aircraft in violation of law unless:
6 (A) The injury or death was intentionally inflicted;
7 (B) The operation thereof was part of the commission of another
8 nonvehicular criminal act as defined in this section;
9 (C) The death or injury was the result of the operation of a
10 motor vehicle after July 24, 1983, and one of the following applies:
11 (I) A preponderance of the evidence establishes that the death
12 was the result of vehicular homicide under RCW 46.61.520;
13 (II) The victim submits a copy of a certificate of probable cause
14 filed by the prosecutor stating that a vehicular assault under RCW
15 46.61.522 occurred;
16 (III) Charges have been filed against the defendant for vehicular
17 assault under RCW 46.61.522;
18 (IV) A conviction of vehicular assault under RCW 46.61.522 has
19 been obtained; or
20 (V) In cases where a probable criminal defendant has died in
21 perpetration of vehicular assault or, in cases where the perpetrator
22 of the vehicular assault is unascertainable because he or she left
23 the scene of the accident in violation of RCW 46.52.020 or, because
24 of physical or mental infirmity or disability the perpetrator is
25 incapable of standing trial for vehicular assault, the department
26 may, by a preponderance of the evidence, establish that a vehicular
27 assault had been committed and authorize benefits;
28 (D) The injury or death was caused by a driver in violation of
29 RCW 46.61.502; or
30 (E) The injury or death was caused by a driver in violation of
31 RCW 46.61.655(7)(a), failure to secure a load in the first degree;
32 (ii) Neither an acquittal in a criminal prosecution nor the
33 absence of any such prosecution is admissible in any claim or
34 proceeding under this chapter as evidence of the noncriminal
35 character of the acts giving rise to such claim or proceeding, except
36 as provided for in (d)(i)(C) of this subsection;
37 (iii) Evidence of a criminal conviction arising from acts which
38 are the basis for a claim or proceeding under this chapter is
39 admissible in such claim or proceeding for the limited purpose of
40 proving the criminal character of the acts; and
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 1 (iv) Acts which, but for the insanity or mental irresponsibility
2 of the perpetrator, would constitute criminal conduct are deemed to
3 be criminal conduct within the meaning of this chapter.
4 (7) "Department" means the department of labor and industries.
5 (8) "Financial support for lost wages" means a partial
6 replacement of lost wages due to a temporary or permanent total
7 disability.
8 (9) "Gainfully employed" means engaging on a regular and
9 continuous basis in a lawful activity from which a person derives a
10 livelihood.
11 (10) "Injury" means a sudden and tangible happening, of a
12 traumatic nature, producing an immediate or prompt result, and
13 occurring from without, and such physical conditions as result
14 therefrom.
15 (11) "Invalid" means one who is physically or mentally
16 incapacitated from earning wages.
17 (12) "Permanent total disability" means loss of both legs, or
18 arms, or one leg and one arm, total loss of eyesight, paralysis, or
19 other condition permanently incapacitating the victim from performing
20 any work at any gainful occupation.
21 (13) "Private insurance" means any source of recompense provided
22 by contract available as a result of the claimed injury or death at
23 the time of such injury or death, or which becomes available any time
24 thereafter.
25 (14) "Public insurance" means any source of recompense provided
26 by statute, state or federal, available as a result of the claimed
27 injury or death at the time of such injury or death, or which becomes
28 available any time thereafter.
29 (15) "Temporary total disability" means any condition that
30 temporarily incapacitates a victim from performing any type of
31 gainful employment as certified by the victim's attending physician.
32 (16) "Victim" means a person who suffers bodily injury or death
33 as a proximate result of a criminal act of another person, the
34 victim's own good faith and reasonable effort to prevent a criminal
35 act, or his or her good faith effort to apprehend a person reasonably
36 suspected of engaging in a criminal act. For the purposes of
37 receiving benefits pursuant to this chapter, "victim" is
38 interchangeable with "employee" or "worker" as defined in chapter
39 51.08 RCW as now or hereafter amended.
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 1 Sec. 2. RCW 7.68.060 and 2020 c 308 s 1 are each amended to read
2 as follows:
3 (1) Except for applications received pursuant to subsection (6)
4 of this section, no compensation of any kind shall be available under
5 this chapter if:
6 (a) An application for benefits is not received by the department
7 within three years after the date the criminal act was reported to a
8 local police department or sheriff's office or the date the rights of
9 beneficiaries accrued, unless the director has determined that "good
10 cause" exists to expand the time permitted to receive the
11 application. "Good cause" shall be determined by the department on a
12 case-by-case basis and may extend the period of time in which an
13 application can be received for up to five years after the date the
14 criminal act was reported to a local police department or sheriff's
15 office or the date the rights of beneficiaries accrued; or
16 (b) The criminal act is not reported by the victim or someone on
17 his or her behalf to a local police department or sheriff's office
18 within twelve months of its occurrence or, if it could not reasonably
19 have been reported within that period, within twelve months of the
20 time when a report could reasonably have been made. In making
21 determinations as to reasonable time limits, the department shall
22 give greatest weight to the needs of the victims.
23 (2) No person or spouse, child, or dependent of such person is
24 eligible for benefits under this chapter when the injury for which
25 benefits are sought was:
26 (a) The result of consent, provocation, or incitement by the
27 victim, unless an injury resulting from a criminal act caused the
28 death of the victim;
29 (b) Sustained while the crime victim was engaged in the attempt
30 to commit, or the commission of, a felony; or
31 (c) Sustained while the victim was confined in any county or city
32 jail, federal jail or prison or in any other federal institution, or
33 any state correctional institution maintained and operated by the
34 department of social and health services or the department of
35 corrections, prior to release from lawful custody; or confined or
36 living in any other institution maintained and operated by the
37 department of social and health services or the department of
38 corrections.
39 (3) No person or spouse, child, or dependent of such person is
40 eligible for benefits under this chapter where the person making a
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 1 claim for such benefits has refused to give reasonable cooperation to
2 state or local law enforcement agencies in their efforts to apprehend
3 and convict the perpetrator of the criminal act which gave rise to
4 the claim unless the director determines such cooperation may be
5 impacted due to a victim's age, physical condition, psychological
6 state, cultural or linguistic barriers, or any other health or safety
7 concern that jeopardizes the victim's well-being.
8 (4) A victim is not eligible for benefits under this chapter if
9 the victim:
10 (a) Has been convicted of a felony offense within five years
11 preceding the criminal act for which the victim is applying where the
12 felony offense is a violent offense under RCW 9.94A.030 or a crime
13 against persons under RCW 9.94A.411, or is convicted of such a felony
14 offense after the criminal act for which the victim is applying; and
15 (b) Has not completely satisfied all legal financial obligations
16 owed.
17 (5) Because victims of childhood criminal acts may repress
18 conscious memory of such criminal acts far beyond the age of
19 eighteen, the rights of adult victims of childhood criminal acts
20 shall accrue at the time the victim discovers or reasonably should
21 have discovered the elements of the crime. In making determinations
22 as to reasonable time limits, the department shall give greatest
23 weight to the needs of the victim.
24 (6)(a) Benefits under this chapter are available to any victim of
25 a person against whom the state initiates proceedings under chapter
26 71.09 RCW. The right created under this subsection shall accrue when
27 the victim is notified of proceedings under chapter 71.09 RCW or the
28 victim is interviewed, deposed, or testifies as a witness in
29 connection with the proceedings. An application for benefits under
30 this subsection must be received by the department within two years
31 after the date the victim's right accrued unless the director
32 determines that good cause exists to expand the time to receive the
33 application. The director shall determine "good cause" on a case-by-
34 case basis and may extend the period of time in which an application
35 can be received for up to five years after the date the right of the
36 victim accrued. Benefits under this subsection shall be limited to
37 compensation for costs or losses incurred on or after the date the
38 victim's right accrues for a claim allowed under this subsection.
39 (b) A person identified as the "minor" in the charge of
40 commercial sexual abuse of a minor under RCW 9.68A.100, promoting
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1 commercial sexual abuse of a minor under RCW 9.68A.101, or promoting
2 travel for commercial sexual abuse of a minor under RCW 9.68A.102 is
3 considered a victim of a criminal act for the purpose of the right to
4 benefits under this chapter even if the person is also charged with
5 prostitution under RCW 9A.88.030.
6 Sec. 3. RCW 7.68.066 and 2011 c 346 s 205 are each amended to
7 read as follows:
8 (1) The department may require that the victim present himself or
9 herself for a special medical examination by a physician or
10 physicians selected by the department, and the department may require
11 that the victim present himself or herself for a personal interview.
12 The costs of the examination or interview, including payment of any
13 reasonable round-trip travel expenses, shall be paid by the
14 department as part of the victim's total claim under RCW 7.68.070(1).
15 (2) The director may establish a medical bureau within the
16 department to perform medical examinations under this section.
17 (3) Where a dispute arises from the handling of any claim before
18 the condition of the injured victim becomes fixed, the victim may
19 request the department to resolve the dispute or the director may
20 initiate an inquiry on his or her own motion. In these cases, the
21 department shall proceed as provided in this section and an order
22 shall issue in accordance with RCW 51.52.050.
23 Sec. 4. RCW 7.68.080 and 2023 c 152 s 1 are each amended to read
24 as follows:
25 (1) When the injury to any victim is so serious as to require the