RCW 7.68.803
Nonfatal strangulation—Payment of costs for medical examination. (Expires June 30, 2023.)
(1) No costs incurred by a hospital or other emergency medical facility for the examination of the victim of domestic violence assault involving nonfatal strangulation, when such examination is performed for the purposes of gathering evidence for possible prosecution, shall be billed or charged directly or indirectly to the victim of such assault. Such costs shall be paid by the state pursuant to this chapter.
(2) The department must notify the office of financial management and the fiscal committees of the legislature if it projects that the cost of services provided under this section exceeds the amount of funding provided by the legislature solely for the purposes of this section.
(3) No later than October 1, 2022, the department shall report to the legislature the following information for fiscal year 2022:
(a) The number, type, and amount of claims received by victims of suspected nonfatal strangulation, with a subtotal of claims that also involved sexual assault;
(b) The number, type, and amount of claims paid for victims of suspected nonfatal strangulation, with a subtotal of claims that also involved sexual assault; and
(c) The number of police reports filed by victims of suspected nonfatal strangulation who received services under this section.
(4) This section expires June 30, 2023.
[ 2021 c 269 § 3.]
NOTES:
Finding—2021 c 269: "The legislature finds that nonfatal strangulation is among the most dangerous acts of domestic violence and sexual assault. Strangulation involves external compression of the victim's airway and blood vessels, causing reduced air and blood flow to the brain. Victims may show no or minimal external signs of injury despite having life-threatening internal injuries including traumatic brain injury. Injuries may present after the assault or much later and may persist for months and even years postassault. Victims who are strangled multiple times face a greater risk of traumatic brain injury. Traumatic brain injury symptoms are often not recognized as assault-related and may include cognitive difficulties such as decreased ability to concentrate, make decisions, and solve problems. Traumatic brain injury symptoms may also include behavior and personality changes such as irritability, impulsivity, and mood swings.
Domestic violence victims who have been nonfatally strangled are eight times more likely to become a subsequent victim of homicide at the hands of the same abusive partner. Research shows that previous acts of strangulation are a unique and substantial predictor of attempted and completed homicide against an intimate partner.
For years, forensic nurses in Washington have provided high-level care to sexual assault victims. Forensic nurses are also trained in medical evaluation of nonfatal strangulation, but only provide this evaluation in cases of sexual assault involving strangulation, as crime victims' compensation will not reimburse in nonsexual assault cases. Strangulation affects victims physically and psychologically. These victims deserve a higher standard of response and medical care. Allowing crime victims' compensation to reimburse for forensic nurse examinations for victims of domestic violence strangulation will provide a better, more victim-centered response in the most dangerous of domestic violence felony cases." [ 2021 c 269 § 1.]
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
Chapter 7.68 - Victims of Crimes—Compensation, Assistance.
7.68.015 - Program to be operated within conditions and limitations.
7.68.030 - Duties of the director—General provisions—Testimony by medical providers.
7.68.031 - Sending notices, orders, payments to claimants.
7.68.032 - Transmission of amounts payable.
7.68.034 - Direct deposit or electronic payment of benefits.
7.68.045 - Crime victims' compensation account—Created.
7.68.050 - Right of action for damages—Election—Effect of election or recovery—Lien of state.
7.68.060 - Applications for benefits—Accrual of rights.
7.68.061 - Who not entitled to compensation.
7.68.062 - Application for compensation—Treating provider shall provide assistance.
7.68.063 - Beneficiaries' application for compensation.
7.68.064 - Application for change in compensation.
7.68.066 - Medical examinations required by department—Medical bureau—Disputes.
7.68.070 - Benefits—Right to and amount—Limitations.
7.68.071 - Determination of permanent total disability.
7.68.072 - Aggravation, diminution, or termination of disability.
7.68.074 - Compensation for loss of or damage to clothing or footwear.
7.68.075 - Marital status—Payment for or on account of children.
7.68.076 - Proof of contribution made by deceased victim.
7.68.077 - Nonresident alien beneficiary.
7.68.085 - Cap on medical benefits—Alternative programs.
7.68.090 - Establishment of funds.
7.68.093 - Medical examinations—Department to monitor quality and objectivity.
7.68.094 - Medical examinations—Refusal to submit—Travel expenses—Compensation for time lost.
7.68.095 - Extent and duration of treatment.
7.68.096 - Medical providers—Failure to report or comply as required.
7.68.111 - Payment of compensation after appeal—Enforcement of order—Penalty.
7.68.120 - Reimbursement—Restitution to victim—Notice—Fees—Order to withhold and deliver—Limitation.
7.68.126 - Recovery of overpayments.
7.68.130 - Public or private insurance—Attorneys' fees and costs of victim.
7.68.145 - Release of information in performance of official duties.
7.68.150 - Benefits, payments and costs to be funded and accounted for separately.
7.68.160 - Claims of persons injured prior to effective date.
7.68.165 - Application of chapter to claims filed under RCW 7.68.160.
7.68.170 - Examination costs of sexual assault victims paid by state.
7.68.175 - Examination costs of assault of a child victims paid by state.
7.68.176 - Examination costs of assault of a child victims—Annual report.
7.68.200 - Payment for reenactments of crimes—Contracts—Deposits—Damages.
7.68.210 - Payment may be directed based on contract.
7.68.220 - Notice published of moneys in escrow.
7.68.230 - Payment to accused if charges dismissed, acquitted.
7.68.240 - Payment if no actions pending.
7.68.250 - Persons not guilty for mental reasons deemed convicted.
7.68.260 - Time for filing action begins when escrow account established.
7.68.270 - Escrow moneys may be used for legal representation.
7.68.280 - Actions to avoid law null and void.
7.68.290 - Restitution—Disposition when victim dead or not found.
7.68.310 - Property subject to seizure and forfeiture.
7.68.320 - Seizure and forfeiture—Procedure.
7.68.330 - Seizure and forfeiture—Distribution of proceeds.
7.68.340 - Seizure and forfeiture—Remedies nondefeatable and supplemental.
7.68.350 - Washington state task force against the trafficking of persons.
7.68.360 - Human trafficking—Coordinated state agency protocols.
7.68.370 - Trafficking of persons—Clearinghouse on human trafficking—Functions.
7.68.380 - Commercially sexually exploited children receiving center programs.
7.68.390 - Commercially sexually exploited children receiving center programs—Referrals.
7.68.801 - Commercially sexually exploited children statewide coordinating committee.
7.68.803 - Nonfatal strangulation—Payment of costs for medical examination.
7.68.900 - Effective date—1973 1st ex.s. c 122.
7.68.905 - Severability—Construction—1977 ex.s. c 302.
7.68.915 - Savings—Statute of limitations—1982 1st ex.s. c 8.
7.68.920 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.