Wash. Rev. Code § 43.10.305

Current through 2024

Section 43.10.305 - [Effective 1/1/2025] Hate crimes and bias incidents hotline

(1) The attorney general's office shall oversee a hate crimes and bias incidents hotline staffed during business hours and dedicated to assisting people who have been targeted or affected by hate crimes and bias incidents. The hotline shall:

(a) Provide appropriate information and referral to people who have been targeted or affected by hate crimes and bias incidents that is victim-centered, culturally competent, and trauma-informed;

(b) Be as accessible to as many residents of Washington as possible, regardless of language proficiency, as much as is practically possible within the limits of the resources appropriated to operate the hotline.

(2)

(a) The attorney general's office shall:

(i) To the extent possible, identify local service providers and culturally specific services to refer people who have been targeted or affected by hate crimes and bias incidents;

(ii) Coordinate and partner with other counties and any other hotlines relevant to the hotline; and

(iii) Establish and appoint an advisory committee that will include, among others, representatives from legal aid, at least five community organizations working with historically underserved communities across the state, local and culturally specific service providers, state agencies, and any other entities the attorney general's office deems relevant to the program. The advisory committee shall provide advice and assistance regarding program design, operation, outreach, service delivery objectives and priorities, and funding.

(b) To ensure that the advisory committee has diverse and inclusive representation of those affected by its work, advisory committee members shall be compensated as provided in RCW 43.03.220.

(c) Advisory committee members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization.

(d)

(i) By July 1, 2025, the attorney general's office must develop and implement a pilot hotline program that will assist individuals targeted or affected by hate crimes in at least three counties. One of those counties must be in eastern Washington.

(ii) By January 1, 2027, the attorney general's office must implement the program statewide.

(e) No later than July 1, 2027, and at least annually thereafter, the attorney general's office must provide information regarding hate crimes and bias incidents reported to the hotline during the prior calendar year to the governor, senate, and house of representatives, and make the information publicly available on its website, excluding the personal identifying information of any individual.

(f) Any information regarding hate crimes or bias incidents that reveals the personal identifying information of any individual:

(i) Must not be included in any public report prepared in accordance with this section; and

(ii) is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.

(3) Any law enforcement agency in this state that receives a report of a hate crime or bias incident shall provide the phone number and website address of the hotline to the targeted or affected person.

(4) Whenever a hate crime is reported to the hotline by a member of the public, the hotline shall inquire whether the person reported the hate crime or bias incident to law enforcement. If the person targeted or affected by the hate crime or bias incident consents to sharing personal identifying information with the primary local law enforcement agency of the jurisdiction in which the hate crime or bias incident occurred, the hotline shall promptly share the targeted or affected person's name, address, and contact information with the primary local law enforcement agency. If the targeted or affected person consents to share some but not all personal identifying information, the hotline must share only the information the targeted or affected person has consented to share.

(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Bias incident" means a person's hostile expression of animus toward another person, relating to the other person's actual or perceived characteristics as listed in RCW 9A.36.080(1) or 49.60.030(1), of which criminal investigation or prosecution is impossible or inappropriate. "Bias incident" does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer, and does not include expressions of opposition or support for the actions or policies of a foreign or domestic government protected under free speech.

(b) "Hate crime" means the commission, attempted commission, or alleged commission of an offense described in RCW 9A.36.080.

(c) "Hate crimes and bias incidents hotline" or "hotline" means the communications channel or channels overseen by the attorney general's office pursuant to this section.

(d) "Law enforcement agency" means any general or limited authority Washington law enforcement agency as those terms are defined in RCW 10.93.020.

(e) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer as those terms are defined in RCW 10.93.020.

(f) "Local service providers" means providers of services to people who have been targeted or affected by hate crimes and bias incidents, including without limitation crisis intervention, advocacy, information and referral, and outreach and awareness, that are located in the same geographic area that the hate crime or bias incident occurred or where the targeted or affected person resides.

(g) "Personal identifying information" means any information that can be used to distinguish or trace an individual's identity, such as name, prior legal name, alias, mother's maiden name, date or place of birth, residence, mailing address, telephone number, email address, social security number, driver's license number, bank account number, or other similar information.

(h) "Protected class" means a class of individuals who are members of, or perceived as being members of, a group based on one or more of the following shared characteristics: Race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability.

RCW 43.10.305

Added by 2024 c 299,§ 1, eff. 1/1/2025.

Effective date- 2024 c 299: "This act takes effect January 1, 2025." [2024 c 299 s 5.]

Private right of action- 2024 c 299: "This act does not create or limit any private right of action." [2024 c 299 s 3.]