HOUSE BILL NO. 1969

State of Washington 49th Legislature 1986 Regular Session

By Representatives Dobbs, Fuhrman, Van Luven, Sanders, B. Williams, Padden, Lundquist, Bond, L. Smith, van Dyke, West, Nealey, Ballard, J. Williams and Isaacson

Read first time 1/24/86. Referred to Committee on Judiciary 1/27/86.

AN ACT Relating to deviant sexual behavior and sexual behavior which is patently offensive; adding a new chapter to Title 49 RCW; prescribing penalties; and declaring an emergency.

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

Sec. 1. The purpose of this chapter is to further the legislative declaration as expressed in RCW 9.68A.001 that the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance, and that the care of children is a sacred trust and shall not be abused by those who seek personal gratification based on the exploitation of children. The protection of children from sexual exploitation can be accomplished without infringing on any constitutionally protected behavior, and is necessary to further the legislative declaration as expressed in RCW 13.32A.010 that the family unit is the fundamental resource of American life which should be nurtured.

It is deemed essential to adopt the following act for the purposes of protecting children, mentally and physically handicapped persons, the elderly, individuals kept in detention facilities, and those placed under the trust of the state, and all other at-risk persons from deviant sexual exploitation and abuse, and for the purpose of preventing the destructive effects of deviant sexual behavior on the public health, safety, morals, and welfare, and to nurture the family unit.

Sec. 2. "Deviant sexual behavior" means the following:

(1) Any contact or penetration between the genitals of a person and the mouth or anus of another person of the same sex;

(2) Any contact or penetration between the genitals of an animal and the mouth, anus, or genitals of a person;

(3) Any contact or penetration between the genitals of a person and the mouth, anus, or genitals of an animal;

(4) Any contact or penetration between the genitals or anus of a person and any part of the body of another person of the same sex, or any object held or used by such other person, in order to gratify a sexual desire of either person;

(5) Any contact or penetration between the genitals or anus of an animal and any part of the body of a person, or any object held or used by such person, in order to gratify a sexual desire of such person;

(6) Any contact or penetration between the genitals or anus of a person and any part of the body of an animal, in order to gratify a sexual desire of such person;

(7) Any sadomasochistic abuse between persons for the purpose of gratifying a sexual desire of either person;

(8) Defecation or urination on a person by another person or animal, and the eating or drinking of such bodily waste materials in order to gratify a sexual desire; and

(9) Any other such sexual behavior which is patently offensive.

Sec. 3. A person who has an affectional or sexual preference for or orientation towards deviant sexual behavior has no right to be free from discrimination based on such affectional or sexual preference or orientation.

Affectional or sexual preference for or orientation towards deviant sexual behavior shall not be the basis for providing any special, unique, extraordinary, elevated, or affirmative legal protection or privilege by any political entity.

A political entity shall not declare or recognize any person to be free from discrimination because of such affectional or sexual preference or orientation.

Sec. 4. "Day care center" means any person, group, or organization, private or public, which provides care, supervision or other such services for any minor child, other than the immediate family, within or without a residence, for periods of less than twenty-four hours.

"Foster-care program" means any person, group, or organization, private or public, which provides care during any part of the twenty-four hour day to one or more minor children, expectant mothers, or mentally or physically handicapped persons in the family abode of the person or persons under whose direct care and supervision the minor child, expectant mother, or mentally or physically handicapped person is placed.

"Licensed professional" shall mean any person required by the state of Washington to be licensed in order to practice in a certain profession, and shall include but not be limited to, chiropractors, dentists, opticians, optometrists, pharmacists, physical therapists, physicians, nurses, psychologists, and other health care personnel.

"Political entity" means any state or local government, to include but not limited to, their agencies, instrumentalities, subdivisions and their employees.

"School" means any school, private or public, and their administrative or supervisory agency, and their employees, including, but not limited to, the following: Kindergarten, preschool, elementary, secondary, college, university, or trade and vocational institution.

Sec. 5. Any person who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall not knowingly be employed, with or without remuneration, by any political entity. A political entity shall not knowingly hire any such person as an employee or volunteer.

Sec. 6. Any person who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall not knowingly be employed, with or without remuneration, by any school, day care center or foster-care program. A school, day care center or foster-care program shall not knowingly hire any such person as an employee or volunteer.

Sec. 7. A school, its administrative or supervisory agency, and their employees shall not present affectional or sexual preference for, or orientation towards deviant sexual behavior, as acceptable behavior or as an alternative lifestyle, but shall rather have the duty to familiarize all students registered in or attending such school with the provisions of this chapter.

Sec. 8. Any licensed professional who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall have no contact with minor children, mentally or physically handicapped persons, the elderly, individuals kept in detention facilities and those placed under the trust of the state, and all other at-risk persons, in the practice of their profession.

Sec. 9. Any person who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall not knowingly be employed, with or without remuneration, as a counselor, therapist, or otherwise, in the treatment of any minor, mentally or physically handicapped person, the elderly, individuals kept in detention facilities and those placed under the trust of the state, and all other at-risk persons, or in any such treatment of any person who has been charged or convicted of a sex crime.

Sec. 10. Any person who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall not be knowingly employed, with or without remuneration, in any occupation or profession which involves direct contact with minor children, mentally or physically handicapped persons, the elderly, individuals kept in detention facilities and those placed under the trust of the state, and all other at-risk persons, or in any facility where such at-risk persons reside or are likely to or do congregate. Any such occupation, profession, or facility shall not knowingly hire any such person as an employee or volunteer.

Sec. 11. Any person who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall not be knowingly employed, with or without remuneration, in any facility, private or public, where persons are placed under the trust of the state, or are held, kept, or detained for any reason.

Such facilities include, but are not limited to, the following: Any hospital, nursing home or other health care facility, mental health hospital or clinic, jail, prison, halfway house, juvenile center or home, group homes, crisis residential centers, specialized foster care homes, alternative residential placement facilities, and shelters for victims of domestic violence. Any such facility shall not knowingly hire any such person as an employee or volunteer.

Sec. 12. Any person who has an affectional or sexual preference for or orientation towards deviant sexual behavior shall not have under his or her care, custody or control of any minor child, nor shall such person reside in any residence where a minor child resides. Such persons may visit minor children where contacts occur in a safe and secured environment where no deviant sexual behavior shall have the opportunity to occur.

Sec. 13. Any organization or institution supported by public tax moneys, in whole or in part, or receiving such tax moneys for any purpose, shall not promote, advertise, campaign for, or otherwise present in any way an affectional or sexual preference for or orientation towards deviant sexual behavior as acceptable behavior or as an alternative lifestyle.

Sec. 14. Any individual, group, organization, agency, corporation, association, partnership, political entity or any person responsible for the operation thereof, refusing or neglecting to comply with, or otherwise violating any of the provisions of this chapter, shall be guilty of a misdemeanor, unless otherwise provided for. Upon conviction, such persons shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. Each violation which occurs under any section of this chapter shall be considered a separate violation. For purposes of RCW 9.94A.310, all penalties imposed under this section shall be rated a seriousness score of I.

Sec. 15. Sections 1 through 14 of this act shall constitute a new chapter in Title 49 RCW.

Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Sec. 17. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.