SENATE BILL REPORT

SB 6351

BYSenators Talmadge, Nelson, Rinehart and Newhouse

Regarding domestic violence omnibus provisions.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 17, 1990; January 19, 1990

Majority Report:  That Substitute Senate Bill No. 6351 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Nelson, Chairman; Madsen, Niemi, Patrick, Rasmussen, Rinehart, Talmadge.

Senate Staff:Richard Rodger (786-7461)

                  January 23, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 15, 1990

Senate Staff:Mary Poole (786-7715)

                  February 14, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 19, 1990

BACKGROUND:

The Administrator for the Courts prepares domestic violence forms and instructional brochures.  The forms and brochures are provided to all court clerks for public use.

The Department of Social and Health Services provides grants to public and private groups that operate shelter services for victims of domestic violence.

Upon receipt of a petition for an order for protection the court must set a hearing within 14 days.  An ex parte temporary order for protection is effective for a period of 14 days.  Personal service shall be made upon the respondent not less than five days prior to the hearing.

A concealed weapons permit shall be issued to an applicant unless the person has been convicted of a felony in which a firearm was used or displayed; has been convicted of a crime of violence; is under age 21; is subject to an order or injunction regarding firearms; is a defendant in a crime of violence; has an outstanding warrant for his or her arrest; or has been ordered to forfeit a firearm within the past year.

The Washington State Task Force on Gender and Justice in the Courts has made recommendations to the Legislature concerning improvements in domestic violence prevention and in improving assistance to domestic violence victims.

SUMMARY:

A Commission on Domestic Violence is created to study methods of prevention of domestic violence, make recommendations to the Legislature, and assist in the implementation of the recommendations made by the Washington State Task Force on Gender and Justice.

A central repository for the collection of domestic violence incidents is established with the Washington State Association of Sheriffs and Police Chiefs.

Domestic violence forms and brochures are made available to all domestic violence shelters.  The brochures include educational information on the civil and criminal procedures and information of the availability of domestic violence advocates.  The office of the Administrator for the Courts provides training for advocates to assist victims of domestic violence.

The Department of Social and Health Services provides funding to ensure that each superior court judicial district has at least one domestic violence shelter.

The court hearing on a petition for an order of protection is held not later than 21 days from the date of the order.  The ex parte temporary order for protection is effective for up to 21 days.  The statutory requirement of personal service, occurring not less than five days prior to the hearing, is stricken.  Personal service must still be made five days prior to the hearing by court rule.

Restrictions on the issuance of a concealed weapons permit are expanded to prohibit applicants who have been convicted of a domestic violence crime.

EFFECT OF PROPOSED SUBSTITUTE:

Membership of the commission is modified and expanded to 23 members.  Duties of the commission are clarified.  Technical and clarifying amendments are made.

The Department of Community Development contracts to establish and expand domestic violence advocacy programs.

The appropriation sections are removed.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: LAW & JUSTICE:  Elaine Rose, City of Seattle (pro); Deborah Senn, Washington Coalition Against Domestic Violence (pro); Janis Taylor (pro); Joanne Tulonen, Seattle City Attorney's Office (pro); Bev Ickes, WASPC (pro); Gloria Hemmen, Gender and Justice Task Force (pro); Andrea Dahl, AWC (pro); Lois Loontjens, DSHS (pro)