OLYMPIA — A measure to toughen and clarify state law concerning sexual misconduct by school employees was unanimously approved Tuesday by the Senate.
The bill says that employees — including bus drivers, janitors and teachers — who have sexual relations with an enrolled student of the school where the employee works could be charged with sexual misconduct, even if the student is an adult between the age of 18 and 21. The measure now heads to the House for consideration.
Lawmakers said that some teachers groom young students, and then begin relationships with them once they turn 18.
“We can’t tolerate that as legislators,” said Sen. Jerome Delvin, R-Richland. “Schools should be a safe place for students to go and learn.”
The bill was proposed in response to a recent court decision that found existing law to be unclear concerning teacher sexual misconduct with students between the ages of 16 and 20.
In January, a three-judge panel of the Washington Court of Appeals ruled that Washington state law does not bar teachers from having consensual sex with 18-year-old students.
The case involved a teacher, Matthew Hirschfelder, who was charged with first-degree sexual misconduct with a minor and accused of having sex with a graduating senior, who was 18. The appeals court said the law was vaguely written and the judges felt that lawmakers only intended to criminalize contact between teachers and 16- or 17-year-old students.
Hirschfelder, at the time a 33-year-old Hoquiam High School choir teacher, denies any sexual relationship occurred. His case did not go to trial because it was stayed pending the appeals court ruling.
Also passed by the Senate on Tuesday:
• A measure that would permit agencies or public employees who are the target of records requests from inmates to bring those requests to a Superior Court judge. The judge could strike the requests upon finding they were intended to harass or intimidate, or that the disclosure of the records would jeopardize security. The judge could also require any future requests made by the prisoner to be approved by the court.
• A measure creating an electronic statewide unified sex offender notification and registration program.
• A bill that eliminates the requirement that auditors send a ballot or an application to receive a ballot to inactive voters.
• A measure that bans the sale and distribution of novelty lighters that are shaped like toys.
• A measure creating a spirits, beer and wine nightclub license. Under current law, night clubs can only have a spirits, beer, and wine restaurant license. Under the measure, businesses with a nightclub license must have their primary hours between 9 p.m. and 2 a.m.
• A measure that adds wolf-hybrids to the state’s list of potentially dangerous wild animals, meaning that people can’t own, bring into the state or breed wolf-hybrids. The bill exempts people who have wolf-hybrids before the measure takes effect, if it is passed by the House and signed into law.
• A measure that moves the deadline for new, in-person voter registrations from 15 days before Election Day to eight days before Election Day. Mail-in, online registrations, and updating address or voter information deadlines are moved from 31 days to 29 days before Election Day.
All bills that passed the Senate on Tuesday now go to the House for consideration.
The teacher misconduct bill is Senate Bill 5232. The public records harassment bill is Senate Bill 5130. The sex offender notification and registration bill is Senate Bill 5261. The inactive voters measure is Senate Bill 5017. The novelty lighter measure is Senate Bill 5011. The nightclub license bill is Senate Bill 5367. The wolf-hybrid bill is Senate Bill 5383. The voter registration bill is Senate Bill 5270.
Posted in News on Tuesday, March 3, 2009 12:00 am
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