Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.68.290 Restitution—Disposition when victim dead or not found.
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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 restitutio…
RCW 7.68.300 Finding.
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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 s 3.]
RCW 7.68.310 Property subject to seizure and forfeiture.
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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…
RCW 7.68.320 Seizure and forfeiture—Procedure.
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(1) Any property subject to seizure and forfeiture under RCW 7.68.310 may be seized by the prosecuting attorney of the county in which the convicted person was convicted upon process issued by any superior court having jurisdiction over the property.(2) Proceedings for forfeiture…
RCW 7.68.330 Seizure and forfeiture—Distribution of proceeds.
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(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 t…
RCW 7.68.340 Seizure and forfeiture—Remedies nondefeatable and supplemental.
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(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…
RCW 7.68.350 Washington state task force against the trafficking of persons.
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(1) There is created the Washington state task force against the trafficking of persons.(2)(a) The task force shall consist of the following members:(i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;(ii) One member from e…
RCW 7.68.360 Human trafficking—Coordinated state agency protocols.
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(1) By July 1, 2005, the director of the department of commerce, or the director's designee, shall within existing resources convene and chair a work group to develop written protocols for delivery of services to victims of trafficking of humans. The director shall invite appropr…
RCW 7.68.370 Trafficking of persons—Clearinghouse on human trafficking—Functions.
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(1) The office of crime victims advocacy is designated as the single point of contact in state government regarding the trafficking of persons.(2) The Washington state clearinghouse on human trafficking is created as an information portal to share and coordinate statewide efforts…
RCW 7.68.380 Commercially sexually exploited children receiving center programs.
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(1) Subject to the availability of amounts appropriated for this specific purpose, the department of children, youth, and families shall administer funding for two receiving center programs for commercially sexually exploited children. One of these programs must be located west o…
RCW 7.68.390 Commercially sexually exploited children receiving center programs—Referrals.
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(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…
RCW 7.68.803 Nonfatal strangulation—Payment of costs for medical examination.
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(1) No costs incurred by a hospital or other emergency medical facility in Washington for the examination of the victim of domestic violence assault involving nonfatal strangulation, whether such assault occurred in or outside the state of Washington, when such examination is per…
RCW 7.68.805 Commercially sexually exploited children statewide coordinating committee.
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(1) Subject to the availability of funds appropriated for this purpose, the commercially sexually exploited children statewide coordinating committee is established to facilitate a statewide coordinated response to the commercial sexual exploitation of children, youth, and young …
RCW 7.68.900 Effective date—1973 1st ex.s. c 122.
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This chapter shall take effect on July 1, 1974.[ 1973 1st ex.s. c 122 s 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 la…
RCW 7.68.905 Severability—Construction—1977 ex.s. c 302.
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(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 retro…
RCW 7.68.910 Section captions.
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Section captions as used in this act do not constitute any part of the law.[ 1973 1st ex.s. c 122 s 20.]
RCW 7.68.915 Savings—Statute of limitations—1982 1st ex.s. c 8.
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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…
RCW 7.68.920 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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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 …
RCW 7.69.010 Intent.
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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 a…
RCW 7.69.020 Definitions.
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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) "Survivor" or "survi…
RCW 7.69.030 Rights of victims, survivors, and witnesses.
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(1) There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights, which apply to any adult or juvenile criminal proceeding and any civil commitment proceeding under chapter 10.77 or 71.09 RCW:(a) With resp…
RCW 7.69.032 Right to make statement before postsentence release of offender.
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(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 …
RCW 7.69.035 Protection of witnesses who testify against criminal gang members—Intent.
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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 lo…
RCW 7.69.040 Representation of incapacitated or incompetent victim.
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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 proceedin…
RCW 7.69.050 Construction of chapter—Other remedies or defenses.
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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 enf…
RCW 7.69A.010 Legislative intent.
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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 jus…
RCW 7.69A.020 Definitions.
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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) "Child" means any li…
RCW 7.69A.030 Rights of child victims and witnesses.
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In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. Except …
RCW 7.69A.040 Liability for failure to notify or assure child's rights.
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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 …
RCW 7.69A.050 Rights of child victims and witnesses—Confidentiality of address—Notice of right—Penalty.
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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 discl…
RCW 7.69B.005 Intent—Finding.
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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 th…
RCW 7.69B.010 Definitions.
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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" h…
RCW 7.69B.020 Rights enumerated.
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(1) In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that dependent persons who are victims or witnesses are afforded the rights enumerated i…
RCW 7.69B.030 Testimony—Videotaped depositions.
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(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 depend…
RCW 7.69B.040 Liability for violating chapter—Actions based on other state or federal laws.
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(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 …
RCW 7.70.010 Declaration of modification of actions for damages based upon injuries resulting from health care.
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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…
RCW 7.70.020 Definitions.
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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…
RCW 7.70.030 Propositions required to be established—Burden of proof.
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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 healt…
RCW 7.70.040 Necessary elements of proof that injury resulted from failure to follow accepted standard of care—COVID-19 pandemic.
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(1) The following shall be necessary elements of proof that injury resulted from the failure of the health care provider to follow the accepted standard of care:(a) The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prude…
RCW 7.70.050 Failure to secure informed consent—Necessary elements of proof—Emergency situations.
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(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 c…
RCW 7.70.060 Consent form—Contents—Prima facie evidence—Shared decision making—Patient decision aid—Failure to use.
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(1) If a patient who has capacity to make health a care [a health care] decision, or his or her representative if he or she does not have the capacity to make a health care decision, signs a consent form which sets forth the following, the signed consent form shall constitute pri…
RCW 7.70.065 Informed consent—Persons authorized to provide for patients who do not have capacity—Priority—Unaccompanied homeless minors.
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(1) Informed consent for health care for a patient who does not have the capacity to make a health care decision may be obtained from a person authorized to consent on behalf of such patient. For purposes of this section, a person who is of the age of consent to make a particular…
RCW 7.70.068 Informed consent—May be contained in mental health advance directive.
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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 s 30.]
RCW 7.70.070 Attorneys' fees.
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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 …
RCW 7.70.080 Evidence of compensation from other source.
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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 …
RCW 7.70.090 Hospital governing bodies—Liability—Limitations.
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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 …
RCW 7.70.100 Mandatory mediation of health care claims—Procedures.
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(1) Before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial except as provided in s…
RCW 7.70.110 Mandatory mediation of health care claims—Tolling statute of limitations.
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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 …
RCW 7.70.120 Mandatory mediation of health care claims—Right to trial not abridged.
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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 s 421.]Notes:Findings—Intent—1993 c 492: See notes following RCW 43.20.050.Short title—Savings—Reservation of legislative power—Effective dates—1993…
RCW 7.70.130 Mandatory mediation of health care claims—Exempt from arbitration mandate.
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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 s 423.]Notes:Findings—Intent—1993 c 492: See note…