CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 2102

Chapter 113, Laws of 2014

63rd Legislature
2014 Regular Session



PRISONERS--CIVIL SUITS AGAINST VICTIMS



EFFECTIVE DATE: 06/12/14

Passed by the House March 10, 2014
  Yeas 94   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate March 6, 2014
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2102 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved March 28, 2014, 2:16 p.m.








JAY INSLEE
________________________________________    
Governor of the State of Washington
 
FILED
March 31, 2014







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 2102
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2014 Regular Session
State of Washington63rd Legislature2014 Regular Session

By House Judiciary (originally sponsored by Representatives Sawyer, Muri, Kirby, Zeiger, Fey, Seaquist, Green, Morrell, Jinkins, Liias, Van De Wege, Ryu, and Bergquist)

READ FIRST TIME 01/23/14.   



     AN ACT Relating to civil suits by prisoners against victims; and adding a new section to chapter 9.94A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9.94A RCW to read as follows:
     (1) A person convicted and confined for any of the offenses set forth in subsection (3) of this section must, prior to commencing any civil action in state court against the victim of such offense, or the victim's family, first obtain an order authorizing such action to proceed from the sentencing judge, if available, or the presiding judge in the county of conviction.
     (2) This section does not apply to an action brought under Title 26 RCW.
     (3) This section applies to persons convicted and confined for any serious violent offense as defined in RCW 9.94A.030.
     (4) A court may refuse to authorize an action, or a claim contained therein, to proceed if the court finds that the action, or claim, is frivolous or malicious. In determining whether an action, or a claim asserted therein, is frivolous or malicious, the court may consider, among other things, whether:
     (a) The claim's realistic chance of ultimate success is slight;
     (b) The claim has no arguable basis in law or in fact;
     (c) It is clear that the party cannot prove facts in support of the claim;
     (d) The claim has been brought with the intent to harass the opposing party; or
     (e) The claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts.
     (5) For purposes of this section, "victim's family" includes a victim's spouse, domestic partner, children, parents, and siblings.
     (6) Failure to obtain the authorization required by this section prior to commencing an action may result in loss of early release time or other privileges, or some combination thereof. The department may exercise discretion to determine whether and how the loss may be applied, and the amount of reduction of early release time, loss of other privileges, or some combination thereof. The department shall adopt rules to implement the provisions of this subsection.


         Passed by the House March 10, 2014.
         Passed by the Senate March 6, 2014.
         Approved by the Governor March 28, 2014.
         Filed in Office of Secretary of State March 31, 2014.