reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.230 - Payment to accused if charges dismissed, acquitted.

RCW 7.68.230
Payment to accused if charges dismissed, acquitted.
Upon dismissal of charges or acquittal of any accused person the department shall immediately pay over to such accused person the moneys in the escrow account established on behalf of such accused person.
[ 1979 ex.s. c 219 § 15.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.240 - Payment if no actions pending.

RCW 7.68.240
Payment if no actions pending.
Upon a showing by any convicted person or the state that five years have elapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to RCW 7.68.200 through 7.68.280, the department shall immediately pay over 50 percent of any moneys in the escrow account to such person or his or her legal representatives and 50 percent of any moneys in the escrow account to the fund under RCW 7.68.035(6).
[ 2023 c 449 § 6; 2022 c 260 § 22; 2011 c 336 § 249; 1988 c 155 § 4; 1979 ex.s. c 219 § 16.]
NOTES:
Effective date—2023 c 449: See note following RCW 13.40.058.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.250 - Persons not guilty for mental reasons deemed convicted.

RCW 7.68.250
Persons not guilty for mental reasons deemed convicted.
For purposes of *this act, a person found not guilty as a result of the defense of mental disease or defect shall be deemed to be a convicted person.
[ 1979 ex.s. c 219 § 17.]
NOTES:
*Reviser's note: "this act" literally refers to 1979 ex.s. c 219. As used in this section, the term apparently refers to only sections 12 through 20 of that act, which are codified as RCW 7.68.200 through 7.68.280.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.260 - Time for filing action begins when escrow account established.

RCW 7.68.260
Time for filing action begins when escrow account established.
Notwithstanding any inconsistent provision of the civil practice and rules with respect to the timely bringing of an action, the five year period provided for in RCW 7.68.200 shall not begin to run until an escrow account has been established.
[ 1979 ex.s. c 219 § 18.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.270 - Escrow moneys may be used for legal representation.

RCW 7.68.270
Escrow moneys may be used for legal representation.
Notwithstanding the foregoing provisions of *this act the department shall make payments from an escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that such moneys shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process.
[ 1979 ex.s. c 219 § 19.]
NOTES:
*Reviser's note: "this act," see note following RCW 7.68.250.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.280 - Actions to avoid law null and void.

RCW 7.68.280
Actions to avoid law null and void.
Any action taken by any person accused or convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of *this act shall be null and void as against the public policy of this state.
[ 1979 ex.s. c 219 § 20.]
NOTES:
*Reviser's note: "this act," see note following RCW 7.68.250.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.290 - Restitution—Disposition when victim dead or not found.

RCW 7.68.290
Restitution—Disposition when victim dead or not found.
If a defendant has paid restitution pursuant to court order under RCW 9.92.060, 9.94A.750, 9.94A.753, 9.95.210, or 9A.20.030 and the victim entitled to restitution cannot be found or has died, the clerk of the court shall deposit with the county treasurer the amount of restitution unable to be paid to the victim. The county treasurer shall monthly transmit the money to the state treasurer for deposit as provided in RCW 43.08.250. Moneys deposited under this section shall be used to compensate victims of crimes through the crime victims' compensation fund.
[ 1997 c 358 § 3; 1987 c 281 § 2.]
NOTES:
Effective date—1987 c 281: See note following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.300 - Finding.

RCW 7.68.300
Finding.
The legislature finds compelling state interests in compensating the victims of crime and in preventing criminals from profiting from their crimes. RCW 7.68.310 through 7.68.340 are intended to advance both of these interests.
[ 1993 c 288 § 3.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.310 - Property subject to seizure and forfeiture.

RCW 7.68.310
Property subject to seizure and forfeiture.
The following are subject to seizure and forfeiture and no property right exists in them:
(1) All tangible or intangible property, including any right or interest in such property, acquired by a person convicted of a crime for which there is a victim of the crime and to the extent the acquisition is the direct or indirect result of the convicted person having committed the crime. Such property includes but is not limited to the convicted person's remuneration for, or contract interest in, any reenactment or depiction or account of the crime in a movie, book, magazine, newspaper or other publication, audio recording, radio or television presentation, live entertainment of any kind, or any expression of the convicted person's thoughts, feelings, opinions, or emotions regarding the crime.
(2) Any property acquired through the traceable proceeds of property described in subsection (1) of this section.
[ 1993 c 288 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.330 - Seizure and forfeiture—Distribution of proceeds.

RCW 7.68.330
Seizure and forfeiture—Distribution of proceeds.
(1) The proceeds of any forfeiture action brought under RCW 7.68.320 shall be distributed as follows:
(a) First, to the victim or to the plaintiff in a wrongful death action brought as a result of the victim's death, to satisfy any money judgment against the convicted person, or to satisfy any restitution ordered as part of the convicted person's sentence;
(b) Second, to the reasonable legal expenses of bringing the action;
(c) Third, to the crime victims' compensation fund under RCW 7.68.090.
(2) A court may establish such escrow accounts or other arrangements as it deems necessary and appropriate in order to distribute proceeds in accordance with this section.
[ 1993 c 288 § 6.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.340 - Seizure and forfeiture—Remedies nondefeatable and supplemental.

RCW 7.68.340
Seizure and forfeiture—Remedies nondefeatable and supplemental.
(1) Any action taken by or on behalf of a convicted person including but not limited to executing a power of attorney or creating a corporation for the purpose of defeating the provisions of RCW 7.68.300 through 7.68.330 is null and void as against the public policy of this state.
(2) RCW 7.68.300 through 7.68.330 are supplemental and do not limit rights or remedies otherwise available to the victims of crimes and do not limit actions otherwise available against persons convicted of crimes.
[ 1993 c 288 § 7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.390 - Commercially sexually exploited children receiving center programs—Referrals.

RCW 7.68.390
Commercially sexually exploited children receiving center programs—Referrals.
(1) The following individuals or entities may refer a child to receiving centers as defined in RCW 7.68.380:
(a) Law enforcement, who shall:
(i) Transport a child eligible for receiving center services to a receiving center; or
(ii) Coordinate transportation with a liaison dedicated to serving commercially sexually exploited children established under RCW 74.14B.070 or a community service provider;
(b) The department of children, youth, and families;
(c) Juvenile courts;
(d) Community service providers;
(e) A parent or guardian; and
(f) A child may self-refer.
(2) Eligibility for placement in a receiving center is children ages twelve through seventeen, of all genders, who have been, or are at risk for being commercially sexually exploited.
[ 2020 c 331 § 3.]
NOTES:
Finding—2020 c 331: See note following RCW 7.68.380.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.900 - Effective date—1973 1st ex.s. c 122.

RCW 7.68.900
Effective date—1973 1st ex.s. c 122.
This chapter shall take effect on July 1, 1974.
[ 1973 1st ex.s. c 122 § 17.]
NOTES:
Funding required: "This bill shall not take effect until the funds necessary for its implementation have been specifically appropriated by the legislature and such appropriation itself has become law. It is the intention of the legislature that if the governor shall veto this section or any item thereof, none of the provisions of this bill shall take effect." [ 1973 1st ex.s. c 122 § 21.]
Reviser's note: Funding for 1973 1st ex.s. c 122 was provided in 1973 1st ex.s. c 137 § 107 and 1975 1st ex.s. c 269 § 67(2).
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.905 - Severability—Construction—1977 ex.s. c 302.

RCW 7.68.905
Severability—Construction—1977 ex.s. c 302.
(1) If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, is not affected.
(2) Subsection (1) of this section shall be effective retroactively to July 1, 1974.
[ 1977 ex.s. c 302 § 12.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.910 - Section captions.

RCW 7.68.910
Section captions.
Section captions as used in this act do not constitute any part of the law.
[ 1973 1st ex.s. c 122 § 20.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.915 - Savings—Statute of limitations—1982 1st ex.s. c 8.

RCW 7.68.915
Savings—Statute of limitations—1982 1st ex.s. c 8.
Nothing in chapter 8, Laws of 1982 1st ex. sess., affects or impairs any right to benefits existing prior to *the effective date of this act. For injuries occurring on and after July 1, 1981, and before *the effective date of this act, the statute of limitations for filing claims under this chapter shall begin to run on *the effective date of this act.
[ 1982 1st ex.s. c 8 § 3.]
NOTES:
*Reviser's note: For "the effective date of this act," see note following RCW 7.68.035.
Effective dates—Intent—Reports—1982 1st ex.s. c 8: See notes following RCW 7.68.035.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.920 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 7.68.920
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 17.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69 - Crime Victims, Survivors, and Witnesses. › 7.69.010 - Intent.

RCW 7.69.010
Intent.
In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime and the civic and moral duty of victims, survivors of victims, and witnesses of crimes to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this chapter, to grant to the victims of crime and the survivors of such victims a significant role in the criminal justice system. The legislature further intends to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; and that the rights extended in this chapter to victims, survivors of victims, and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants.
[ 1985 c 443 § 1; 1981 c 145 § 1.]
NOTES:
Severability—1985 c 443: "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." [ 1985 c 443 § 27.]
Effective date—1985 c 443: "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 on July 1, 1985." [ 1985 c 443 § 28.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69 - Crime Victims, Survivors, and Witnesses. › 7.69.032 - Right to make statement before postsentence release of offender.

RCW 7.69.032
Right to make statement before postsentence release of offender.
(1) The legislature recognizes the significant concerns that many victims, survivors of victims, and witnesses of crimes have when offenders are considered for postsentence release from confinement. Therefore, it is the intent of the legislature to ensure that victims, survivors of victims, and witnesses of crimes are afforded the opportunity to make a statement that will be considered prior to the granting of postsentence release from confinement for any offender under the jurisdiction of the indeterminate sentence review board or its successor, or by the governor regarding an application for pardon or commutation of sentence.
(2) Victims, survivors of victims, and witnesses of crimes have the following rights:
(a) With respect to victims, survivors of victims, and witnesses of crimes, to present a statement to the indeterminate sentence review board or its successor, in person or by representation, via audio or videotape or other electronic means, or in writing, prior to the granting of parole or community custody release for any offender under the board's jurisdiction.
(b) With respect to victims and survivors of victims, to present a statement to the clemency and pardons board in person, via audio or videotape or other electronic means, or in writing, at any hearing conducted regarding an application for pardon or commutation of sentence.
[ 2009 c 138 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69 - Crime Victims, Survivors, and Witnesses. › 7.69.035 - Protection of witnesses who testify against criminal gang members—Intent.

RCW 7.69.035
Protection of witnesses who testify against criminal gang members—Intent.
The legislature recognizes that witnesses are often fearful of testifying against criminal gang members. Witnesses may be subject to harassment, intimidation, and threats. While the state does not ensure protection of witnesses, the state intends to provide resources to assist local prosecutors in combating gang-related crimes and to help citizens perform their civic duty to testify in these cases.
[ 2008 c 276 § 501.]
NOTES:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69 - Crime Victims, Survivors, and Witnesses. › 7.69.040 - Representation of incapacitated or incompetent victim.

RCW 7.69.040
Representation of incapacitated or incompetent victim.
For purposes of this chapter, a victim who is incapacitated or otherwise incompetent shall be represented by a parent or present legal guardian, or if none exists, by a representative designated by the prosecuting attorney without court appointment or legal guardianship proceedings. Any victim may designate another person as the victim's representative for purposes of the rights enumerated in RCW 7.69.030.
[ 1985 c 443 § 4.]
NOTES:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69 - Crime Victims, Survivors, and Witnesses. › 7.69.050 - Construction of chapter—Other remedies or defenses.

RCW 7.69.050
Construction of chapter—Other remedies or defenses.
Nothing contained in this chapter may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding, nor may anything in this chapter be construed to grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to ensure that victims, survivors, and witnesses under this chapter have the rights enumerated in RCW 7.69.030 shall not result in civil liability against that person. This chapter does not limit other civil remedies or defenses of the offender or the victim or survivors of the victim.
[ 1985 c 443 § 5.]
NOTES:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69A - Child Victims and Witnesses. › 7.69A.010 - Legislative intent.

RCW 7.69A.010
Legislative intent.
The legislature recognizes that it is important that child victims and child witnesses of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to state and local enforcement efforts and the general effectiveness of the criminal justice system of this state. Therefore, it is the intent of the legislature by means of this chapter, to insure that all child victims and witnesses of crime are treated with the sensitivity, courtesy, and special care that must be afforded to each child victim of crime and that their rights be protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded the adult victim, witness, or criminal defendant.
[ 1985 c 394 § 1.]
NOTES:
Reviser's note: "This chapter" has been substituted for "this act" in this section.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69A - Child Victims and Witnesses. › 7.69A.040 - Liability for failure to notify or assure child's rights.

RCW 7.69A.040
Liability for failure to notify or assure child's rights.
The failure to provide notice to a child victim or witness under this chapter of the rights enumerated in RCW 7.69A.030 shall not result in civil liability so long as the failure to notify was in good faith and without gross negligence. The failure to make a reasonable effort to assure that child victims and witnesses are afforded the rights enumerated in RCW 7.69A.030 shall not result in civil liability so long as the failure to make a reasonable effort was in good faith and without gross negligence.
[ 1985 c 394 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69A - Child Victims and Witnesses. › 7.69A.050 - Rights of child victims and witnesses—Confidentiality of address—Notice of right—Penalty.

RCW 7.69A.050
Rights of child victims and witnesses—Confidentiality of address—Notice of right—Penalty.
At the time of reporting a crime to law enforcement officials and at the time of the initial witness interview, child victims or child witnesses of violent crimes, sex crimes, or child abuse and the child's parents shall be informed of their rights to not have their address disclosed by any law enforcement agency, prosecutor's office, defense counsel, or state agency without the permission of the child victim or the child's parents or legal guardian. The address may be disclosed to another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child. Intentional disclosure of an address in violation of this section is a misdemeanor.
[ 1997 c 283 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69B - Crime Victims and Witnesses—Dependent Persons. › 7.69B.005 - Intent—Finding.

RCW 7.69B.005
Intent—Finding.
The legislature recognizes that it is important that dependent persons who are witnesses and victims of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to state and local enforcement efforts and the general effectiveness of the criminal justice system. The legislature finds that the state has an interest in making it possible for courts to adequately and fairly conduct cases involving dependent persons who are victims of crimes. Therefore, it is the intent of the legislature, by means of this chapter, to insure that all dependent persons who are victims and witnesses of crime are treated with sensitivity, courtesy, and special care and that their rights be protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded to other victims, witnesses, and criminal defendants.
[ 2005 c 381 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69B - Crime Victims and Witnesses—Dependent Persons. › 7.69B.010 - Definitions.

RCW 7.69B.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.
(2) "Dependent person" has the same meaning as that term is defined in RCW 9A.42.010.
(3) "Victim" means a living person against whom a crime has been committed.
(4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution or defense in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not an action or proceeding has been commenced.
(5) "Family member" means a person who is not accused of a crime and who is an adult child, adult sibling, spouse or domestic partner, parent, or legal guardian of the dependent person.
(6) "Advocate" means any person not accused of a crime, including a family member, approved by the witness or victim, in consultation with his or her guardian if applicable, who provides support to a dependent person during any legal proceeding.
(7) "Court proceedings" means any court proceeding conducted during the course of the prosecution of a crime committed against a dependent person, including pretrial hearings, trial, sentencing, or appellate proceedings.
(8) "Identifying information" means the dependent person's name, address, location, and photograph, and in cases in which the dependent person is a relative of the alleged perpetrator, identification of the relationship between the dependent person and the alleged perpetrator.
(9) "Crime victim/witness program" means any crime victim and witness program of a county or local law enforcement agency or prosecutor's office, any rape crisis center's sexual assault victim advocacy program as provided in chapter 70.125 RCW, any domestic violence program's legal and community advocate program for domestic violence victims as provided in chapter 70.123 RCW, or any other crime victim advocacy program which provides trained advocates to assist crime victims during the investigation and prosecution of the crime.
[ 2008 c 6 § 405; 2005 c 381 § 2.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69B - Crime Victims and Witnesses—Dependent Persons. › 7.69B.030 - Testimony—Videotaped depositions.

RCW 7.69B.030
Testimony—Videotaped depositions.
(1) The prosecutor or defense may file a motion with the court at any time prior to commencement of the trial for an order authorizing the taking of a videotape deposition for the purpose of preserving the direct testimony of the moving party's witness if that witness is a dependent person.
(2) The court may grant the motion if the moving party shows that it is likely that the dependent person will be unavailable to testify at a subsequent trial. The court's finding shall be based upon, at a minimum, recommendations from the dependent person's physician or any other person having direct contact with the dependent person and whose recommendations are based on specific behavioral indicators exhibited by the dependent person.
(3) The moving party shall provide reasonable written notice to the other party of the motion and order, if granted, pursuant to superior court criminal rules for depositions.
(4) Both parties shall have an opportunity to be present at the deposition and the nonmoving party shall have the opportunity to cross-examine the dependent person.
(5) Under circumstances permitted by the rules of evidence, the deposition may be introduced as evidence in a subsequent proceeding if the dependent person is unavailable at trial and both the prosecutor and the defendant had notice of and an opportunity to participate in the taking of the deposition.
[ 2005 c 381 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.69B - Crime Victims and Witnesses—Dependent Persons. › 7.69B.040 - Liability for violating chapter—Actions based on other state or federal laws.

RCW 7.69B.040
Liability for violating chapter—Actions based on other state or federal laws.
(1) The failure to provide notice to a dependent person of the rights enumerated in this chapter or the failure to provide the rights enumerated shall not result in civil liability so long as the failure was in good faith.
(2) Nothing in this chapter shall be construed to limit a party's ability to bring an action, including an action for damages, based on rights conferred by other state or federal law.
[ 2005 c 381 § 5.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.010 - Declaration of modification of actions for damages based upon injuries resulting from health care.

RCW 7.70.010
Declaration of modification of actions for damages based upon injuries resulting from health care.
The state of Washington, exercising its police and sovereign power, hereby modifies as set forth in this chapter and in RCW 4.16.350, as now or hereafter amended, certain substantive and procedural aspects of all civil actions and causes of action, whether based on tort, contract, or otherwise, for damages for injury occurring as a result of health care which is provided after June 25, 1976.
[1975-'76 2nd ex.s. c 56 § 6.]
NOTES:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.020 - Definitions.

RCW 7.70.020
Definitions.
As used in this chapter "health care provider" means either:
(1) A person licensed by this state to provide health care or related services including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician assistant, midwife, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;
(2) An employee or agent of a person described in part (1) above, acting in the course and scope of his [or her] employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in part (1) above, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative.
[ 2019 c 308 § 16; 2010 c 286 § 13; 1995 c 323 § 3; 1985 c 326 § 27; 1981 c 53 § 1; 1975-'76 2nd ex.s. c 56 § 7.]
NOTES:
Findings—2019 c 308: See note following RCW 18.06.010.
Intent—2010 c 286: See RCW 18.06.005.
Effective date—1981 c 53: See note following RCW 18.50.005.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.030 - Propositions required to be established—Burden of proof.

RCW 7.70.030
Propositions required to be established—Burden of proof.
No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:
(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care;
(2) That a health care provider promised the patient or his or her representative that the injury suffered would not occur;
(3) That injury resulted from health care to which the patient or his or her representative did not consent.
Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence.
[ 2011 c 336 § 250; 1975-'76 2nd ex.s. c 56 § 8.]
NOTES:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.050 - Failure to secure informed consent—Necessary elements of proof—Emergency situations.

RCW 7.70.050
Failure to secure informed consent—Necessary elements of proof—Emergency situations.
(1) The following shall be necessary elements of proof that injury resulted from health care in a civil negligence case or arbitration involving the issue of the alleged breach of the duty to secure an informed consent by a patient or his or her representatives against a health care provider:
(a) That the health care provider failed to inform the patient of a material fact or facts relating to the treatment;
(b) That the patient consented to the treatment without being aware of or fully informed of such material fact or facts;
(c) That a reasonably prudent patient under similar circumstances would not have consented to the treatment if informed of such material fact or facts;
(d) That the treatment in question proximately caused injury to the patient.
(2) Under the provisions of this section a fact is defined as or considered to be a material fact, if a reasonably prudent person in the position of the patient or his or her representative would attach significance to it deciding whether or not to submit to the proposed treatment.
(3) Material facts under the provisions of this section which must be established by expert testimony shall be either:
(a) The nature and character of the treatment proposed and administered;
(b) The anticipated results of the treatment proposed and administered;
(c) The recognized possible alternative forms of treatment; or
(d) The recognized serious possible risks, complications, and anticipated benefits involved in the treatment administered and in the recognized possible alternative forms of treatment, including nontreatment.
(4) If a recognized health care emergency exists and the patient does not have the capacity to give an informed consent and/or a person legally authorized to consent on behalf of the patient is not readily available, his or her consent to required treatment will be implied.
[ 2021 c 270 § 2; 2011 c 336 § 252; 1975-'76 2nd ex.s. c 56 § 10.]
NOTES:
Effective date—2021 c 270: See note following RCW 7.70.065.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.068 - Informed consent—May be contained in mental health advance directive.

RCW 7.70.068
Informed consent—May be contained in mental health advance directive.
Consent to treatment or admission contained in a validly executed mental health advance directive constitutes informed consent for purposes of this chapter.
[ 2003 c 283 § 30.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.070 - Attorneys' fees.

RCW 7.70.070
Attorneys' fees.
The court shall, in any action under this chapter, determine the reasonableness of each party's attorneys fees. The court shall take into consideration the following:
(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) The fee customarily charged in the locality for similar legal services;
(4) The amount involved and the results obtained;
(5) The time limitations imposed by the client or by the circumstances;
(6) The nature and length of the professional relationship with the client;
(7) The experience, reputation, and ability of the lawyer or lawyers performing the services;
(8) Whether the fee is fixed or contingent.
[1975-'76 2nd ex.s. c 56 § 12.]
NOTES:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Attorneys' fees: Chapter 4.84 RCW.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.080 - Evidence of compensation from other source.

RCW 7.70.080
Evidence of compensation from other source.
Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff, the plaintiff's representative, or the plaintiff's immediate family. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation and evidence of any amount paid by the plaintiff, or his or her representative or immediate family, to secure the right to the compensation. Compensation as used in this section shall mean payment of money or other property to or on behalf of the plaintiff, rendering of services to the plaintiff free of charge to the plaintiff, or indemnification of expenses incurred by or on behalf of the plaintiff. Notwithstanding this section, evidence of compensation by a defendant health care provider may be offered only by that provider.
[ 2006 c 8 § 315; 1975-'76 2nd ex.s. c 56 § 13.]
NOTES:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.090 - Hospital governing bodies—Liability—Limitations.

RCW 7.70.090
Hospital governing bodies—Liability—Limitations.
Members of the board of directors or other governing body of a public or private hospital are not individually liable for personal injuries or death resulting from health care administered by a health care provider granted privileges to provide health care at the hospital unless the decision to grant the privilege to provide health care at the hospital constitutes gross negligence.
[ 1987 c 212 § 1201; 1986 c 305 § 905.]
NOTES:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.110 - Mandatory mediation of health care claims—Tolling statute of limitations.

RCW 7.70.110
Mandatory mediation of health care claims—Tolling statute of limitations.
The making of a written, good faith request for mediation of a dispute related to damages for injury occurring as a result of health care prior to filing a cause of action under this chapter shall toll the statute of limitations provided in RCW 4.16.350 for one year.
[ 1996 c 270 § 1; 1993 c 492 § 420.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.120 - Mandatory mediation of health care claims—Right to trial not abridged.

RCW 7.70.120
Mandatory mediation of health care claims—Right to trial not abridged.
RCW 7.70.100 may not be construed to abridge the right to trial by jury following an unsuccessful attempt at mediation.
[ 1993 c 492 § 421.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.130 - Mandatory mediation of health care claims—Exempt from arbitration mandate.

RCW 7.70.130
Mandatory mediation of health care claims—Exempt from arbitration mandate.
A cause of action that has been mediated as provided in RCW 7.70.100 shall be exempt from any superior court civil rules mandating arbitration of civil actions or participation in settlement conferences prior to trial.
[ 1993 c 492 § 423.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.140 - Medical malpractice closed claim reporting requirements.

RCW 7.70.140
Medical malpractice closed claim reporting requirements.
(1) As used in this section:
(a) "Claim" has the same meaning as in RCW 48.140.010(1).
(b) "Claimant" has the same meaning as in RCW 48.140.010(2).
(c) "Commissioner" has the same meaning as in RCW 48.140.010(4).
(d) "Medical malpractice" has the same meaning as in RCW 48.140.010(9).
(2)(a) For claims settled or otherwise disposed of on or after January 1, 2008, the claimant or his or her attorney must report data to the commissioner if any action filed under this chapter results in a final:
(i) Judgment in any amount;
(ii) Settlement or payment in any amount; or
(iii) Disposition resulting in no indemnity payment.
(b) As used in this subsection, "data" means:
(i) The date of the incident of medical malpractice that was the principal cause of the action;
(ii) The principal county in which the incident of medical malpractice occurred;
(iii) The date of suit, if filed;
(iv) The injured person's sex and age on the incident date; and
(v) Specific information about the disposition, judgment, or settlement, including:
(A) The date and amount of any judgment or settlement;
(B) Court costs;
(C) Attorneys' fees; and
(D) Costs of expert witnesses.
[ 2006 c 8 § 209.]
NOTES:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70 - Actions for Injuries Resulting From Health Care. › 7.70.160 - Frivolous claims.

RCW 7.70.160
Frivolous claims.
In any action under this section [chapter], an attorney that has drafted, or assisted in drafting and filing an action, counterclaim, cross-claim, third-party claim, or a defense to a claim, upon signature and filing, certifies that to the best of the party's or attorney's knowledge, information, and belief, formed after reasonable inquiry it is not frivolous, and is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause frivolous litigation. If an action is signed and filed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the action, counterclaim, cross-claim, third-party claim, or a defense to a claim, including a reasonable attorney fee. The procedures governing the enforcement of RCW 4.84.185 shall apply to this section.
[ 2006 c 8 § 316.]
NOTES:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70A - Arbitration of Health Care Actions. › 7.70A.010 - Actions for personal injury or wrongful death—Arbitration authorized.

RCW 7.70A.010
Actions for personal injury or wrongful death—Arbitration authorized.
This chapter applies to any cause of action for damages for personal injury or wrongful death based on alleged professional negligence in the provision of health care where all parties to the action have agreed to submit the dispute to arbitration under this chapter in accordance with the requirements of RCW 7.70A.020.
[ 2006 c 8 § 305.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70A - Arbitration of Health Care Actions. › 7.70A.020 - Election to submit to arbitration—Procedures.

RCW 7.70A.020
Election to submit to arbitration—Procedures.
(1) Parties in an action covered under RCW 7.70A.010 may elect to submit the dispute to arbitration under this chapter in accordance with the requirements in this section.
(a) A claimant may elect to submit the dispute to arbitration under this chapter by including such election in the complaint filed at the commencement of the action. A defendant may elect to submit the dispute to arbitration under this chapter by including such election in the defendant's answer to the complaint. The dispute will be submitted to arbitration under this chapter only if all parties to the action elect to submit the dispute to arbitration.
(b) If the parties do not initially elect to submit the dispute to arbitration in accordance with (a) of this subsection, the parties may make such an election at any time during the pendency of the action by filing a stipulation with the court in which all parties to the action agree to submit the dispute to arbitration under this chapter.
(2) A party that does not initially elect to submit a dispute to arbitration under this chapter must file a declaration with the court that meets the following requirements:
(a) In the case of a claimant, the declaration must be filed at the time of commencing the action and must state that the attorney representing the claimant presented the claimant with a copy of the provisions of this chapter before commencing the action and that the claimant elected not to submit the dispute to arbitration under this chapter; and
(b) In the case of a defendant, the declaration must be filed at the time of filing the answer and must state that the attorney representing the defendant presented the defendant with a copy of the provisions of this chapter before filing the defendant's answer and that the defendant elected not to submit the dispute to arbitration under this chapter.
[ 2006 c 8 § 306.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.70A - Arbitration of Health Care Actions. › 7.70A.030 - Selection of arbitrator.

RCW 7.70A.030
Selection of arbitrator.
(1) An arbitrator shall be selected by agreement of the parties no later than forty-five days after: (a) The date all defendants elected arbitration in the answer where the parties elected arbitration in the initial complaint and answer; or (b) the date of the stipulation where the parties agreed to enter into arbitration after the commencement of the action through a stipulation filed with the court. The parties may agree to select more than one arbitrator to conduct the arbitration.
(2) If the parties are unable to agree to an arbitrator by the time specified in subsection (1) of this section, each side may submit the names of three arbitrators to the court, and the court shall select an arbitrator from among the submitted names within fifteen days of being notified that the parties are unable to agree to an arbitrator. If none of the parties submit any names of potential arbitrators, the court shall select an arbitrator.
[ 2006 c 8 § 307.]