SENATE BILL REPORT
HB 1437


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported By Senate Committee On:
Judiciary, March 21, 2007

Title: An act relating to sexual assault protection orders.

Brief Description: Concerning fees for petitioners of sexual assault protection orders.

Sponsors: Representatives Eddy, Williams, Lantz, Seaquist, Appleton, Darneille, Rolfes, Lovick, Moeller and Ericks.

Brief History: Passed House: 2/12/07, 96-0.

Committee Activity: Judiciary: 3/20/07, 3/21/07 [DP].


SENATE COMMITTEE ON JUDICIARY

Majority Report: Do pass.Signed by Senators Kline, Chair; Tom, Vice Chair; McCaslin, Ranking Minority Member; Carrell, Hargrove, Murray, Roach and Weinstein.

Staff: Juliana Roe (786-7405)

Background: Sexual assault protection orders were created by the Legislature during the 2006 legislative session. These orders provide protection for victims of sexual assault. Not all sexual assaults are reported to authorities. Victims who do not report the crime still desire safety and protection from future interactions with the offender. Some cases in which sexual assault is reported are not prosecuted. In these situations, the victim should be able to seek a civil remedy requiring that the offender stay away from the victim.

No filing fees may be charged for sexual assault protection order proceedings. The necessary number of certified copies must be provided free of charge. Law enforcement agencies are not prohibited from charging service of process fees.

Summary of Bill: The language stating that no filing fees may be charged for sexual assault protection order proceedings is removed. Petitioners for sexual assault protection orders are no longer required to pay a service of process fee.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill corrects a technical error from the last legislative session. It removes the service of process fee for sexual assault protection orders. This brings these types of protection orders in line with the current domestic violence protection orders.

Persons Testifying: PRO: Representative Eddy, prime sponsor; Craig Adams, Pierce County Sheriff's Department; Betty Bailey, Executive Director of Washington Coalition of Sexual Assault Programs.