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SUBSTITUTE SENATE BILL NO. 4897
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AS AMENDED BY THE HOUSE
C 219 L 86
State of Washington 49th Legislature 1986 Regular Session
By Senate Committee on Judiciary (originally sponsored by Senators Bender, Newhouse and Bottiger)
Read first time 2/7/86.
AN ACT Relating to process servers; amending RCW 2.28.100, and 9A.52.090; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 51, Laws of 1927 as amended by section 1, chapter 54, Laws of 1933 and RCW 2.28.100 are each amended to read as follows:
No court shall be open, nor shall any judicial business be transacted, on a legal holiday, except:
(1) To give, upon their request, instructions to a jury when deliberating on their verdict;
(2) To receive the verdict of a jury;
(3) For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature;
(4) For hearing applications for and issuing writs of habeas corpus, injunction, prohibition and attachment;
(5) For the issuance of any process or subpoena not requiring immediate judicial or court action, and the service thereof.
The governor, in declaring any legal holiday, in his discretion, may provide in his proclamation that such holiday shall not be applicable to the courts of or within the state.
Sec. 2. Section 9A.52.090, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.52.090 are each amended to read as follows:
In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:
(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or
(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
(3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain; or
(4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.