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10.99.010  <<  10.99.020 >>   10.99.030

RCW 10.99.020

Definitions.

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.

     (4) "Dating relationship" has the same meaning as in RCW 26.50.010.

     (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).

     (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.

[2004 c 18 § 2; 2000 c 119 § 5; 1997 c 338 § 53; 1996 c 248 § 5; 1995 c 246 § 21; 1994 c 121 § 4; 1991 c 301 § 3; 1986 c 257 § 8; 1984 c 263 § 20; 1979 ex.s. c 105 § 2.]

Notes:

     Findings -- Intent--2004 c 18: "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." [2004 c 18 § 1.]

     Application -- 2000 c 119: See note following RCW 26.50.021.

     Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.

     Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.

     Severability -- 1995 c 246: See note following RCW 26.50.010.

     Finding -- 1991 c 301: "The legislature finds that:

     The collective costs to the community for domestic violence include the systematic destruction of individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social service costs.

     Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.

     Many communities have made headway in addressing the effects of domestic violence and have devoted energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No single system intervention is enough in itself.

     An integrated system has not been adequately funded and structured to assure access to a wide range of services, including those of the law/safety/justice system, human service system, and health care system. These services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and children from violent homes.

     Given the lethal nature of domestic violence and its effect on all within its range, the community has a vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals can be required to comply with these standards.

     While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances, substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.

     There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.

     Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is required to know how to best stop this violence." [1991 c 301 § 1.]

     Severability -- 1986 c 257: See note following RCW 9A.56.010.

     Effective date -- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110.

     Effective date -- Severability -- 1984 c 263: See RCW 26.50.901 and 26.50.902.

Domestic violence defined under the Domestic Violence Prevention Act: RCW 26.50.010.