NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.




FIFTIETH DAY





MORNING SESSION


House Chamber, Olympia, Monday, February 28, 2000


             The House was called to order at 9:55 a.m. by Speaker Ballard


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


INTRODUCTIONS AND FIRST READING

 

HB 3147           by Representatives Veloria and Campbell

 

AN ACT Relating to the Washington state trade representative; amending RCW 43.332.005 and 43.332.010; and adding a new section to chapter 43.332 RCW.

 

Referred to the Committee on Economic Development, Housing & Trade


             There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committees so designated.


REPORTS OF STANDING COMMITTEES


February 28, 2000

HB 2611           Prime Sponsor, Representative Dickerson: Providing a tax exemption for certain persons providing services for developmentally disabled persons. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Reardon, Democratic Vice Chair; Carrell; Conway; Cox; Dickerson; Pennington; Santos and Van Luven.


             Voting yea: Representatives Dunshee, Thomas, Cairnes, Reardon, Carrell, Conway, Cox, Dickerson, Pennington, Santos and Van Luven.

             Excused: Representative Veloria.


             Passed to Rules Committee for Second Reading.


February 28, 2000

HB 3105           Prime Sponsor, Representative McDonald: Apportioning a sales and use tax for zoos, aquariums, wildlife preserves, and regional parks. Reported by Committee on Finance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Reardon, Democratic Vice Chair; Carrell; Conway; Cox; Dickerson; Pennington; Santos and Van Luven.


             Voting yea: Representatives Dunshee, Thomas, Cairnes, Reardon, Carrell, Conway, Cox, Dickerson, Pennington, Santos and Van Luven.

             Excused: Representative Veloria.


             Passed to Rules Committee for Second Reading.


February 28, 2000

HB 3128           Prime Sponsor, Representative Thomas: Authorizing the governor to enter into cooperative agreements concerning the sales of cigarettes. Reported by Committee on Finance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Reardon, Democratic Vice Chair; Carrell; Cox; Dickerson; Santos and Van Luven.

 

MINORITY recommendation: Do not pass. Signed by Representatives Conway and Pennington.


             Voting yea: Representatives Dunshee, Thomas, Cairnes, Reardon, Carrell, Cox, Dickerson, Santos and Van Luven.

             Voting nay: Representatives Conway and Pennington.

             Excused: Representative Veloria.


             Passed to Rules Committee for Second Reading.


February 28, 2000

E2SSB 5212     Prime Sponsor, Committee on Senate Education: Providing for school safety plans. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Education.


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature intends to improve student safety by helping school districts revise and update their crisis and emergency plans and by providing additional training to staff in the implementation of those plans. The legislature finds that all-hazard crisis planning will prevent catastrophic events from escalating into school-wide chaos, will minimize damage, and will help students, staff, and parents recover from the crisis.

             (2) In addition to planning for a crisis, schools should plan to incorporate character education into each school's curriculum and crisis management plans to prevent a crisis resulting from violent acts by students. The legislature finds that academic success and school safety rest on a foundation of character. The legislature further finds that parents are the first and primary moral educators of children, and that schools have a role in reinforcing the character traits and values deemed important by parents and the local community. The legislature further finds that when character education is integrated into a school's curriculum there is a decline of incidences involving violence, bullying, and harassment. The legislature intends to encourage school districts to integrate character education into each school's curriculum and crisis management plans. The legislature further intends that local communities, in partnership with schools or school districts, will have the responsibility for determining which character traits and values are included in each district or school's character education program.


             Sec. 2. RCW 28A.305.130 and 1997 c 13 s 5 are each amended to read as follows:

             In addition to any other powers and duties as provided by law, the state board of education shall:

             (1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

             (2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

             (3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) ((above)) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

             (4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

             (b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

             (5) Supervise the issuance of such certificates as provided for in subsection (1) ((above)) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule ((or regulation)) in accordance with RCW 28A.410.010.

             (6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.

             (7) Make rules ((and regulations)) governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

             (8) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

             (9) Continuously reevaluate courses and adopt and enforce ((regulations)) rules within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

             (10) Carry out board powers and duties relating to the organization and reorganization of school districts under chapters 28A.315, 28A.323, and 28A.343 RCW ((28A.315.010 through 28A.315.680 and 28A.315.900)).

             (11) By rule ((or regulation promulgated)) adopted upon the advice of the chief of the Washington state patrol, through the director of fire protection, and in consultation with the superintendent of public instruction and the state military department, provide for the development by school districts and schools of comprehensive all-hazard crisis and emergency plans. The rules must require the plans to:

             (a) Include how to prepare for, manage, and evaluate site-based responses to school crises, including but not limited to natural disasters and violent acts or serious injuries or death of students or staff;

             (b) Provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden crisis or emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands((, and)) without confusion or panic; ((such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school))

             (c) Be updated by school districts and schools at least once every five years or more frequently if circumstances change;

             (d) Be developed by school districts in consultation with local law enforcement, fire, emergency medical services, and emergency management agencies;

             (e) Include who to contact in an emergency;

             (f) Include procedures for leaving a building safely;

             (g) Include procedures for responding to an emergency;

             (h) Include procedures for training students and certificated and classified staff;

             (i) Include procedures for practicing the plan;

             (j) Include procedures for notifying certificated and classified staff about the plan;

             (k) Include procedures for notifying parents and community members about the plan; and

             (l) Include character education programs and other prevention programs to reduce the likelihood of a crisis caused by student violence.

             (12) Hear and decide appeals as otherwise provided by law.

             The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.


             NEW SECTION. Sec. 3. A new section is added to chapter 28A.305 RCW to read as follows:

             The comprehensive all-hazard crisis and emergency plan development assistance program is created. The superintendent of public instruction shall administer the program to provide funds, to the extent funds are appropriated, to school districts to update the crisis and emergency response plan for every school in their district and to train staff in the implementation of the plans. The superintendent of public instruction shall provide funds to school districts based upon the district developing an effective plan for updating and implementing its comprehensive all-hazard crisis and emergency response plan. The funds shall be used for developing the plan, staff training on implementing the plan, materials, and practicing the plan. In distributing funds to school districts, priority shall be given to school districts that have not received funds for crisis planning.


             Sec. 4. RCW 28A.150.211 and 1994 c 245 s 10 are each amended to read as follows:

             (1) The legislature also recognizes that certain basic values and character traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to be assessed or be standards for graduation. The legislature intends that local communities have the responsibility for determining how these values and character traits are learned as determined by consensus at the local level. These values and traits include the importance of:

             (((1))) (a) Honesty, integrity, and trust;

             (((2))) (b) Respect for self and others;

             (((3))) (c) Responsibility for personal actions and commitments;

             (((4))) (d) Self-discipline and moderation;

             (((5))) (e) Diligence and a positive work ethic;

             (((6))) (f) Respect for law and authority;

             (((7))) (g) Healthy and positive behavior; and

             (((8))) (h) Family as the basis of society.

             (2) Each school district is strongly encouraged to develop and implement a character education program that incorporates into its curriculum the character traits and values included in subsection (1) of this section. Each school district is also strongly encouraged to develop its character education program in partnership with parents and all interested stakeholders in its local community. When developing a character education program, school districts shall comply with the open public meetings act in chapter 42.30 RCW.


             NEW SECTION. Sec. 5. (1) Subject to availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall provide to each school district that develops and implements a character education program, in partnership with parents and all interested stakeholders in its local community under the provisions of RCW 28A.150.211, an equal amount per full-time equivalent elementary school student for the fiscal year ending June 30, 2001. However, the minimum allocation to a district shall be two hundred dollars for each elementary school operated by the district.

             (2) A school district that receives funding in accordance with this section shall certify to the superintendent of public instruction that funds received were expended for the purposes of this act.


             NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."


             Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Parlette; Rockefeller; Ruderman; Sullivan; Tokuda and Wensman.

 

MINORITY recommendation: Do not pass. Signed by Representatives Mulliken and Sump.


             Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Parlette, Rockefeller, Ruderman, Sullivan, Tokuda and Wensman.

             Voting nay: Representatives Mulliken and Sump.

             Excused: Representatives Boldt and Regala.


             Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 5330          Prime Sponsor, Committee on Senate Higher Education: Treating active duty military personnel as residents for purposes of higher education tuition. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass without amendment by Committee on Higher Education (for committee amendment, see Journal, 46th Day, February 24, 2000). Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


             Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

             Excused: Representatives Boldt and Regala.


             Passed to Rules Committee for Second Reading.


February 28, 2000

SB 6010            Prime Sponsor, Senator West: Creating operating fees waivers not supported by state general fund appropriations. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Higher Education (for committee amendment, see Journal, 46th Day, February 24, 2000).


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:

             In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, subject to state board policy, may waive all or a portion of the operating fees for any student. There shall be no state general fund support for waivers granted under this section.

             By January 31st of each odd-numbered year, the institutions of higher education shall prepare a report of the costs and benefits of waivers granted under this act and shall transmit copies of their report to the appropriate policy and fiscal committees of the legislature.


             Sec. 2. RCW 28B.15.066 and 1999 c 309 s 932 are each amended to read as follows:

             It is the intent of the legislature that:

             In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

             (1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act;

             (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and

             (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910. State general fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under ((section 601(3)(e), chapter 309, Laws of 1999)) section 1 of this act.


             Sec. 3. RCW 28B.15.910 and 1999 c 344 s 3 are each amended to read as follows:

             (1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsections (3) and (4) of this section, and unless otherwise expressly provided in the omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, shall not exceed the percentage of total gross authorized operating fees revenue in this subsection. As used in this section, "gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW 82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver programs established before or after July 1, 1992.

             (a) University of Washington                                                                                                          21 percent

             (b) Washington State University                                                                                                     20 percent

             (c) Eastern Washington University                                                                                                  11 percent

             (d) Central Washington University                                                                                                    8 percent

             (e) Western Washington University                                                                                                10 percent

             (f) The Evergreen State College                                                                                                        6 percent

             (g) Community colleges as a whole                                                                                                35 percent

             (2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in operating fees contained in the following:

             (a) RCW 28B.10.265;

             (b) RCW 28B.15.014;

             (c) RCW 28B.15.100;

             (d) RCW 28B.15.225;

             (e) RCW 28B.15.380;

             (f) RCW 28B.15.520;

             (g) RCW 28B.15.526;

             (h) RCW 28B.15.527;

             (i) RCW 28B.15.543;

             (j) RCW 28B.15.545;

             (k) RCW 28B.15.555;

             (l) RCW 28B.15.556;

             (m) RCW 28B.15.615;

             (n) RCW 28B.15.620;

             (o) RCW 28B.15.628;

             (p) RCW 28B.15.730;

             (q) RCW 28B.15.740;

             (r) RCW 28B.15.750;

             (s) RCW 28B.15.756;

             (t) RCW 28B.50.259;

             (u) RCW 28B.70.050;

             (v) RCW 28B.80.580; and

             (w) During the 1997-99 fiscal biennium, the western interstate commission for higher education undergraduate exchange program for students attending Eastern Washington University.

             (3) The limitations in subsection (1) of this section do not apply to waivers, exemptions, or reductions in services and activities fees contained in the following:

             (a) RCW 28B.15.522;

             (b) RCW 28B.15.540; and

             (c) RCW 28B.15.558.

             (4) The total amount of operating fees revenue waived, exempted, or reduced by institutions of higher education participating in the western interstate commission for higher education western undergraduate exchange program under RCW 28B.15.544 shall not exceed the percentage of total gross authorized operating fees revenue in this subsection.

             (a) Washington State University                                                                                                       1 percent

             (b) Eastern Washington University                                                                                                  3 percent

             (c) Central Washington University                                                                                                  3 percent"


             Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


             Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

             Excused: Representatives Boldt and Regala.


             Passed to Rules Committee for Second Reading.


February 28, 2000

SB 6037            Prime Sponsor, Senator Shin: Rescinding a retirement allowance agreement. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Cody; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Linville; Lisk; Mastin; McIntire; McMorris; Rockefeller; Ruderman; Sullivan and Tokuda.

 

MINORITY recommendation: Do not pass. Signed by Representatives Barlean, Republican Vice Chair; Benson; Clements; Crouse; Lambert; Mulliken; Parlette; Sump and Wensman.


             Voting yea: Representatives Huff, H. Sommers, Doumit, Schmidt, Cody, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Linville, Lisk, Mastin, McIntire, McMorris, Rockefeller, Ruderman, Sullivan and Tokuda.

             Voting nay: Representatives Barlean, Benson, Clements, Crouse, Lambert, Mulliken, Parlette, Sump and Wensman.

             Excused: Representatives Alexander, Boldt and Regala.


             Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6071          Prime Sponsor, Committee on Senate Judiciary: Increasing penalties for hit and run where an injury or death occurs. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Criminal Justice & Corrections.


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 46.52.020 and 1990 c 210 s 2 are each amended to read as follows:

             (1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

             (2) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.

             (3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.

             (4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section ((under said circumstances shall be)) in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.

             (b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, ((be punished pursuant to RCW 9A.20.020: PROVIDED, That)) is punishable according to chapter 9A.20 RCW.

             (c) This ((provision)) subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying ((herewith)) with this section.

             (5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.

             (6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.

             (7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.


             Sec. 2. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

                                                                                   TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

     XVI             Aggravated Murder 1 (RCW 10.95.020)

       XV             Homicide by abuse (RCW 9A.32.055)

                          Malicious explosion 1 (RCW 70.74.280(1))

                          Murder 1 (RCW 9A.32.030)

     XIV             Murder 2 (RCW 9A.32.050)

      XIII            Malicious explosion 2 (RCW 70.74.280(2))

                          Malicious placement of an explosive 1 (RCW 70.74.270(1))

       XII             Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

                          Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                          Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

        XI             Manslaughter 1 (RCW 9A.32.060)

                          Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

          X             Child Molestation 1 (RCW 9A.44.083)

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Kidnapping 1 (RCW 9A.40.020)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

                          Malicious explosion 3 (RCW 70.74.280(3))

                          Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Explosive devices prohibited (RCW 70.74.180)

                          Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                          Malicious placement of an explosive 2 (RCW 70.74.270(2))

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Robbery 1 (RCW 9A.56.200)

                          Sexual Exploitation (RCW 9.68A.040)

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

      VIII            Arson 1 (RCW 9A.48.020)

                          Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Hit and Run--Death (RCW 46.52.020(4)(a))

                          Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                          Manslaughter 2 (RCW 9A.32.070)

                          Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

       VII             Burglary 1 (RCW 9A.52.020)

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Drive-by Shooting (RCW 9A.36.045)

                          Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

                          Malicious placement of an explosive 3 (RCW 70.74.270(3))

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                          Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

        VI             Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                          Bribery (RCW 9A.68.010)

                          Incest 1 (RCW 9A.64.020(1))

                          Intimidating a Judge (RCW 9A.72.160)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                          Rape of a Child 3 (RCW 9A.44.079)

                          Theft of a Firearm (RCW 9A.56.300)

          V             Abandonment of dependent person 1 (RCW 9A.42.060)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Child Molestation 3 (RCW 9A.44.089)

                          Criminal Mistreatment 1 (RCW 9A.42.020)

                          Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                          Extortion 1 (RCW 9A.56.120)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Incest 2 (RCW 9A.64.020(2))

                          Kidnapping 2 (RCW 9A.40.030)

                          On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                          On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                          On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                          On and after July 1, 2000: Stalking (RCW 9A.46.110)

                          Perjury 1 (RCW 9A.72.020)

                          Persistent prison misbehavior (RCW 9.94.070)

                          Possession of a Stolen Firearm (RCW 9A.56.310)

                          Rape 3 (RCW 9A.44.060)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Sexually Violating Human Remains (RCW 9A.44.105)

        IV             Arson 2 (RCW 9A.48.030)

                          Assault 2 (RCW 9A.36.021)

                          Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Commercial Bribery (RCW 9A.68.060)

                          Counterfeiting (RCW 9.16.035(4))

                          Escape 1 (RCW 9A.76.110)

                          Hit and Run--Injury ((Accident)) (RCW 46.52.020(4)(b))

                          Hit and Run with Vessel--Injury Accident (RCW ((88.12.155)) 79A.60.200(3))

                          Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                          Malicious Harassment (RCW 9A.36.080)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                          Residential Burglary (RCW 9A.52.025)

                          Robbery 2 (RCW 9A.56.210)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Threats to Bomb (RCW 9.61.160)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Vehicular Assault (RCW 46.61.522)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

         III            Abandonment of dependent person 2 (RCW 9A.42.070)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Burglary 2 (RCW 9A.52.030)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Criminal Gang Intimidation (RCW 9A.46.120)

                          Criminal Mistreatment 2 (RCW 9A.42.030)

                          Custodial Assault (RCW 9A.36.100)

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Escape 2 (RCW 9A.76.120)

                          Extortion 2 (RCW 9A.56.130)

                          Harassment (RCW 9A.46.020)

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                          Malicious Injury to Railroad Property (RCW 81.60.070)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Perjury 2 (RCW 9A.72.030)

                          Possession of Incendiary Device (RCW 9.40.120)

                          Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Securities Act violation (RCW 21.20.400)

                          Tampering with a Witness (RCW 9A.72.120)

                          Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                          Theft of Livestock 2 (RCW 9A.56.080)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                          Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

          II            Computer Trespass 1 (RCW 9A.52.110)

                          Counterfeiting (RCW 9.16.035(3))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                          Escape from Community Custody (RCW 72.09.310)

                          Health Care False Claims (RCW 48.80.030)

                          Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                          Trafficking in Insurance Claims (RCW 48.30A.015)

                          Unlawful Practice of Law (RCW 2.48.180)

                          Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

           I             Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Forgery (RCW 9A.60.020)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Theft 2 (RCW 9A.56.040)

                          Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          Vehicle Prowl 1 (RCW 9A.52.095)


             Sec. 3. RCW 13.40.0357 and 1998 c 290 s 5 are each amended to read as follows:


                                                   DESCRIPTION AND OFFENSE CATEGORY

juvenile

disposition

offense

category




description (rcw citation)

juvenile disposition

category for attempt,

bailjump, conspiracy,

or solicitation

Arson and Malicious Mischief

 

A

Arson 1 (9A.48.020)

B+

 

B

Arson 2 (9A.48.030)

C

 

C

Reckless Burning 1 (9A.48.040)

D

 

D

Reckless Burning 2 (9A.48.050)

E

 

B

Malicious Mischief 1 (9A.48.070)

C

 

C

Malicious Mischief 2 (9A.48.080)

D

 

D

Malicious Mischief 3 (<$50 is E class) (9A.48.090)

E

 

E

Tampering with Fire Alarm Apparatus (9.40.100)

E

 

A

Possession of Incendiary Device (9.40.120)

B+

Assault and Other Crimes

Involving Physical Harm

 

A

Assault 1 (9A.36.011)

B+

 

B+

Assault 2 (9A.36.021)

C+

 

C+

Assault 3 (9A.36.031)

D+

 

D+

Assault 4 (9A.36.041)

E

 

B+

Drive-By Shooting (9A.36.045)

C+

 

D+

Reckless Endangerment (9A.36.050)

E

 

C+

Promoting Suicide Attempt (9A.36.060)

D+

 

D+

Coercion (9A.36.070)

E

 

C+

Custodial Assault (9A.36.100)

D+

Burglary and Trespass

 

B+

Burglary 1 (9A.52.020)

C+

 

B

Residential Burglary (9A.52.025)

C

 

B

Burglary 2 (9A.52.030)

C

 

D

Burglary Tools (Possession of) (9A.52.060)

E

 

D

Criminal Trespass 1 (9A.52.070)

E

 

E

Criminal Trespass 2 (9A.52.080)

E

 

C

Vehicle Prowling 1 (9A.52.095)

D

 

D

Vehicle Prowling 2 (9A.52.100)

E

Drugs

 

E

Possession/Consumption of Alcohol (66.44.270)

E

 

C

Illegally Obtaining Legend Drug (69.41.020)

D

 

C+

Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030)

D+

 

E

Possession of Legend Drug (69.41.030)

E

 

B+

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (i) or (ii))

B+

 

C

Violation of Uniform Controlled Substances Act -Nonnarcotic Sale (69.50.401(a)(1)(iii))

C

 

E

Possession of Marihuana <40 grams (69.50.401(e))

E

 

C

Fraudulently Obtaining Controlled Substance (69.50.403)

C

 

C+

Sale of Controlled Substance for Profit (69.50.410)

C+

 

E

Unlawful Inhalation (9.47A.020)

E

 

B

Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (i) or (ii))

B

 

C

Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v))

C

 

C

Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d))

C

 

C

Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c))

C

Firearms and Weapons

 

B

Theft of Firearm (9A.56.300)

C

 

B

Possession of Stolen Firearm (9A.56.310)

C

 

E

Carrying Loaded Pistol Without Permit (9.41.050)

E

 

C

Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii))

C

 

D+

Possession of Dangerous Weapon (9.41.250)

E

 

D

Intimidating Another Person by use of Weapon (9.41.270)

E

Homicide

 

A+

Murder 1 (9A.32.030)

A

 

A+

Murder 2 (9A.32.050)

B+

 

B+

Manslaughter 1 (9A.32.060)

C+

 

C+

Manslaughter 2 (9A.32.070)

D+

 

B+

Vehicular Homicide (46.61.520)

C+

Kidnapping

 

A

Kidnap 1 (9A.40.020)

B+

 

B+

Kidnap 2 (9A.40.030)

C+

 

C+

Unlawful Imprisonment (9A.40.040)

D+

Obstructing Governmental Operation

 

D

Obstructing a Law Enforcement Officer (9A.76.020)

E

 

E

Resisting Arrest (9A.76.040)

E

 

B

Introducing Contraband 1 (9A.76.140)

C

 

C

Introducing Contraband 2 (9A.76.150)

D

 

E

Introducing Contraband 3 (9A.76.160)

E

 

B+

Intimidating a Public Servant (9A.76.180)

C+

 

B+

Intimidating a Witness (9A.72.110)

C+

Public Disturbance

 

C+

Riot with Weapon (9A.84.010)

D+

 

D+

Riot Without Weapon (9A.84.010)

E

 

E

Failure to Disperse (9A.84.020)

E

 

E

Disorderly Conduct (9A.84.030)

E

Sex Crimes

 

A

Rape 1 (9A.44.040)

B+

 

A-

Rape 2 (9A.44.050)

B+

 

C+

Rape 3 (9A.44.060)

D+

 

A-

Rape of a Child 1 (9A.44.073)

B+

 

B+

Rape of a Child 2 (9A.44.076)

C+

 

B

Incest 1 (9A.64.020(1))

C

 

C

Incest 2 (9A.64.020(2))

D

 

D+

Indecent Exposure (Victim <14) (9A.88.010)

E

 

E

Indecent Exposure (Victim 14 or over) (9A.88.010)

E

 

B+

Promoting Prostitution 1 (9A.88.070)

C+

 

C+

Promoting Prostitution 2 (9A.88.080)

D+

 

E

O & A (Prostitution) (9A.88.030)

E

 

B+

Indecent Liberties (9A.44.100)

C+

 

A-

Child Molestation 1 (9A.44.083)

B+

 

B

Child Molestation 2 (9A.44.086)

C+

Theft, Robbery, Extortion, and Forgery

 

B

Theft 1 (9A.56.030)

C

 

C

Theft 2 (9A.56.040)

D

 

D

Theft 3 (9A.56.050)

E

 

B

Theft of Livestock (9A.56.080)

C

 

C

Forgery (9A.60.020)

D

 

A

Robbery 1 (9A.56.200)

B+

 

B+

Robbery 2 (9A.56.210)

C+

 

B+

Extortion 1 (9A.56.120)

C+

 

C+

Extortion 2 (9A.56.130)

D+

 

B

Possession of Stolen Property 1 (9A.56.150)

C

 

C

Possession of Stolen Property 2 (9A.56.160)

D

 

D

Possession of Stolen Property 3 (9A.56.170)

E

 

C

Taking Motor Vehicle Without Owner's Permission (9A.56.070)

D

Motor Vehicle Related Crimes

 

E

Driving Without a License (46.20.005)

E

 

B+

Hit and Run - Death (46.52.020(4)(a))

C+

 

C

Hit and Run - Injury (46.52.020(4)(b))

D

 

D

Hit and Run-Attended (46.52.020(5))

E

 

E

Hit and Run-Unattended (46.52.010)

E

 

C

Vehicular Assault (46.61.522)

D

 

C

Attempting to Elude Pursuing Police Vehicle (46.61.024)

D

 

E

Reckless Driving (46.61.500)

E

 

D

Driving While Under the Influence (46.61.502 and 46.61.504)

E

Other

 

B

Bomb Threat (9.61.160)

C

 

C

Escape 11 (9A.76.110)

C

 

C

Escape 21 (9A.76.120)

C

 

D

Escape 3 (9A.76.130)

E

 

E

Obscene, Harassing, Etc., Phone Calls (9.61.230)

E

 

A

Other Offense Equivalent to an Adult Class A Felony

B+

 

B

Other Offense Equivalent to an Adult Class B Felony

C

 

C

Other Offense Equivalent to an Adult Class C Felony

D

 

D

Other Offense Equivalent to an Adult Gross Misdemeanor

E

 

E

Other Offense Equivalent to an Adult Misdemeanor

E

 

V

Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2

V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

JUVENILE SENTENCING STANDARDS

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.


OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

 

                  A+        180 WEEKS TO AGE 21 YEARS

 

                  A          103 WEEKS TO 129 WEEKS

 

                  A-         15-36                |52-65       |80-100      |103-129

                               WEEKS            |WEEKS   |WEEKS   |WEEKS

                               EXCEPT           |||

                               30-40                |||

                               WEEKS FOR   |||

                               15-17                |||

                               YEAR OLDS   |||

 

Current     B+        15-36                                  |52-65       |80-100      |103-129

Offense                  WEEKS                              |WEEKS   |WEEKS   |WEEKS

Category 

                  B          LOCAL                              |                 |52-65

                                SANCTIONS (LS)             |15-36 WEEKS           |WEEKS

 

                  C+        LS                                                         |

                                                                                             |15-36 WEEKS

 

                  C          LS                                                                           |15-36 WEEKS

                                                         Local Sanctions:                           |

                                                         0 to 30 Days 

                  D+        LS                     0 to 12 Months Community Supervision

                                                         0 to 150 Hours Community Service

                  D          LS                     $0 to $500 Fine

 

                  E           LS 

 

                                    0                    1                    2                3                4 or more

                                                          PRIOR ADJUDICATIONS

NOTE: References in the grid to days or weeks mean periods of confinement.

          (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

          (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

          (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

          (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

          (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

OR

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

          If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(((5))) (4) and 13.40.165.

OR

OPTION C

MANIFEST INJUSTICE

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).


          NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."


          Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for second reading.


February 28, 2000

SSB 6115            Prime Sponsor, Committee on Senate Ways & Means: Reinstating the property tax exemption for motor vehicles, travel trailers, and campers. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Reardon, Democratic Vice Chair; Carrell; Conway; Cox; Dickerson; Pennington; Santos and Van Luven.


          Voting yea: Representatives Dunshee, Thomas, Cairnes, Reardon, Carrell, Conway, Cox, Dickerson, Pennington, Santos and Van Luven.

          Excused: Representative Veloria.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SB 6160               Prime Sponsor, Senator Snyder: Paying travel expenses for certain state investment board applicants. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sump and Tokuda.

 

MINORITY recommendation: Do not pass. Signed by Representative Sullivan.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SSB 6233            Prime Sponsor, Committee on Senate Health & Long-Term Care: Changing developmental disabilities endowment trust fund provisions. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SSB 6244            Prime Sponsor, Committee on Senate Human Services & Corrections: Extending juvenile court jurisdiction for the purpose of enforcing penalty assessments. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 28, 2000

ESB 6250            Prime Sponsor, Senator Rasmussen: Providing tax exemptions and credits to encourage a reduction in agricultural burning of cereal grains and field and turf grass grown for seed. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Reardon, Democratic Vice Chair; Carrell; Conway; Cox; Dickerson; Pennington; Santos and Van Luven.


          Voting yea: Representatives Dunshee, Thomas, Cairnes, Reardon, Carrell, Conway, Cox, Dickerson, Pennington, Santos and Van Luven.

          Excused: Representative Veloria.


          Passed to Rules Committee for Second Reading.


February 26, 2000

2SSB 6255          Prime Sponsor, Committee on Senate Judiciary: Prescribing penalties for unlawful possession and storage of anhydrous ammonia. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Criminal Justice & Corrections (for committee amendment, see Journal, 47th Day, February 25, 2000).

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SSB 6260            Prime Sponsor, Committee on Senate Judiciary: Increasing penalties for manufacturing a controlled substance when children are present. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6357            Prime Sponsor, Committee on Senate State & Local Government: Funding the municipal research council. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6361            Prime Sponsor, Committee on Senate Human Services & Corrections: Protecting children at the state school for the deaf and the state school for the blind from abuse and neglect. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Children & Family Services (for committee amendment, see Journal, 47th day, February 25, 2000).

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6382            Prime Sponsor, Committee on Senate Health & Long-Term Care: Protecting dependent persons. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for Second Reading.


February 28, 2000

E2SSB 6400        Prime Sponsor, Committee on Senate Ways & Means: Changing provisions relating to domestic violence. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Criminal Justice & Corrections (for committee amendment, see Journal, 47th Day, February 25, 2000).


          Strike everything after the enacting clause and insert the following:


          "NEW SECTION. Sec. 1. A new section is added to chapter 26.50 RCW to read as follows:

          The department of social and health services, in its discretion, may seek the relief provided in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section.


          NEW SECTION. Sec. 2. A new section is added to chapter 74.34 RCW to read as follows:

          (1) An order for protection of a vulnerable adult issued under this chapter which restrains the respondent or another person from committing acts of abuse, prohibits contact with the petitioner, excludes the person from any specified location, or prohibits the person from coming within a specified distance from a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (2) Whenever an order for protection of a vulnerable adult is issued under this chapter, and the respondent or person to be restrained knows of the order, a violation of a provision restraining the person from committing acts of abuse, prohibiting contact with the petitioner, excluding the person from any specified location, or prohibiting the person from coming within a specified distance of a location, shall be punishable under RCW 26.50.110, regardless of whether the person is a family or household member as defined in RCW 26.50.010.


          Sec. 3. RCW 9.94A.220 and 1994 c 271 s 901 are each amended to read as follows:

          (1) When an offender has completed the requirements of the sentence, the secretary of the department or the secretary's designee shall notify the sentencing court, which shall discharge the offender and provide the offender with a certificate of discharge.

          (2) An offender who is not convicted of a violent offense or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed at least one-half of the term of community supervision and has met all other sentence requirements.

          (3) Except as provided in subsection (4) of this section, the discharge shall have the effect of restoring all civil rights lost by operation of law upon conviction, and the certificate of discharge shall so state. Nothing in this section prohibits the use of an offender's prior record for purposes of determining sentences for later offenses as provided in this chapter. Nothing in this section affects or prevents use of the offender's prior conviction in a later criminal prosecution either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of rehabilitation.

          (4) Unless otherwise ordered by the sentencing court, a certificate of discharge shall not terminate the offender's obligation to comply with an order issued under chapter 10.99 RCW that excludes or prohibits the offender from having contact with a specified person or coming within a set distance of any specified location that was contained in the judgment and sentence. An offender who violates such an order after a certificate of discharge has been issued shall be subject to prosecution according to the chapter under which the order was originally issued.

          (5) Upon release from custody, the offender may apply to the department for counseling and help in adjusting to the community. This voluntary help may be provided for up to one year following the release from custody.


          Sec. 4. RCW 10.31.100 and 1999 c 184 s 14 are each amended to read as follows:

          A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section.

          (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person.

          (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) An order has been issued of which the person has knowledge under RCW ((10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115,)) 26.44.063, or chapter 10.99, 26.09, 26.10, 26.26 ((RCW, or chapter)), 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

          (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or ((of a provision)) excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or

          (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

          (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

          (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

          (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

          (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

          (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

          (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.

          (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

          (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW ((88.12.025)) 79A.60.040 shall have the authority to arrest the person.

          (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

          (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

          (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

          (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.

          (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.

          For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).

          (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

          (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice.


          Sec. 5. RCW 10.99.020 and 1997 c 338 s 53 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

          (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

          (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

          (a) Assault in the first degree (RCW 9A.36.011);

          (b) Assault in the second degree (RCW 9A.36.021);

          (c) Assault in the third degree (RCW 9A.36.031);

          (d) Assault in the fourth degree (RCW 9A.36.041);

          (e) Drive-by shooting (RCW 9A.36.045);

          (f) Reckless endangerment (RCW 9A.36.050);

          (g) Coercion (RCW 9A.36.070);

          (h) Burglary in the first degree (RCW 9A.52.020);

          (i) Burglary in the second degree (RCW 9A.52.030);

          (j) Criminal trespass in the first degree (RCW 9A.52.070);

          (k) Criminal trespass in the second degree (RCW 9A.52.080);

          (l) Malicious mischief in the first degree (RCW 9A.48.070);

          (m) Malicious mischief in the second degree (RCW 9A.48.080);

          (n) Malicious mischief in the third degree (RCW 9A.48.090);

          (o) Kidnapping in the first degree (RCW 9A.40.020);

          (p) Kidnapping in the second degree (RCW 9A.40.030);

          (q) Unlawful imprisonment (RCW 9A.40.040);

          (r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, ((or)) 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or section 2 of this act);

          (s) ((Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);

          (t))) Rape in the first degree (RCW 9A.44.040);

          (((u))) (t) Rape in the second degree (RCW 9A.44.050);

          (((v))) (u) Residential burglary (RCW 9A.52.025);

          (((w))) (v) Stalking (RCW 9A.46.110); and

          (((x))) (w) Interference with the reporting of domestic violence (RCW 9A.36.150).

          (4) "Victim" means a family or household member who has been subjected to domestic violence.


          Sec. 6. RCW 26.09.050 and 1995 c 93 s 2 are each amended to read as follows:

          (1) In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW 9.41.800, make provision for the issuance within this action of the restraint provisions of a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for the change of name of any party.

          (2) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (4) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 7. RCW 26.09.060 and 1995 c 246 s 26 are each amended to read as follows:

          (1) In a proceeding for:

          (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

          (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

          (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

          (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

          (b) Molesting or disturbing the peace of the other party or of any child;

          (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

          (d) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

          (e) Removing a child from the jurisdiction of the court.

          (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

          (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

          (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

          (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.09)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

          (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

          (10) A temporary order, temporary restraining order, or preliminary injunction:

          (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

          (b) May be revoked or modified;

          (c) Terminates when the final decree is entered, except as provided under subsection (((10))) (11) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

          (d) May be entered in a proceeding for the modification of an existing decree.

          (((10))) (11) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

          (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

          (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.


          Sec. 8. RCW 26.10.040 and 1995 c 93 s 3 are each amended to read as follows:

          (1) In entering an order under this chapter, the court shall consider, approve, or make provision for:

          (((1))) (a) Child custody, visitation, and the support of any child entitled to support;

          (((2))) (b) The allocation of the children as a federal tax exemption;

          (((3))) (c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;

          (((4))) (d) A domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080;

          (((5))) (e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST((;)).

          (((6))) (2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (3) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 9. RCW 26.10.115 and 1995 c 246 s 29 are each amended to read as follows:

          (1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.

          (2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

          (a) Molesting or disturbing the peace of the other party or of any child;

          (b) Entering the family home or the home of the other party upon a showing of the necessity therefor;

          (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

          (d) Removing a child from the jurisdiction of the court.

          (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

          (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

          (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

          (7) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.10)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

          (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

          (10) A temporary order, temporary restraining order, or preliminary injunction:

          (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

          (b) May be revoked or modified;

          (c) Terminates when the final order is entered or when the motion is dismissed;

          (d) May be entered in a proceeding for the modification of an existing order.

          (((10))) (11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.


          Sec. 10. RCW 26.26.130 and 1997 c 58 s 947 are each amended to read as follows:

          (1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

          (2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

          (3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (4) The judgment and order shall contain the social security numbers of all parties to the order.

          (5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

          (6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.

          (7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.

          (8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

          (9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

          (10) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party ((or)), from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (12) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 11. RCW 26.26.137 and 1995 c 246 s 32 are each amended to read as follows:

          (1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

          (2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

          (a) Molesting or disturbing the peace of another party;

          (b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; ((or))

          (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

          (d) Removing a child from the jurisdiction of the court.

          (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

          (4) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER ((26.26)) 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

          (5) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall ((forthwith)) enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

          (6) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

          (7) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

          (((7))) (8) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (((8))) (9) A temporary order, temporary restraining order, or preliminary injunction:

          (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

          (b) May be revoked or modified;

          (c) Terminates when the final order is entered or when the petition is dismissed; and

          (d) May be entered in a proceeding for the modification of an existing order.

          (((9))) (10) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.


          Sec. 12. RCW 26.44.063 and 1993 c 412 s 15 are each amended to read as follows:

          (1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home often has the effect of further traumatizing the child. It is, therefore, the legislature's intent that the alleged offender, rather than the child, shall be removed from the home and that this should be done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and RCW 26.44.130.

          (2) In any judicial proceeding in which it is alleged that a child has been subjected to sexual or physical abuse, if the court finds reasonable grounds to believe that an incident of sexual or physical abuse has occurred, the court may, on its own motion, or the motion of the guardian ad litem or other parties, issue a temporary restraining order or preliminary injunction restraining or enjoining the person accused of committing the abuse from:

          (a) Molesting or disturbing the peace of the alleged victim;

          (b) Entering the family home of the alleged victim except as specifically authorized by the court; ((or))

          (c) Having any contact with the alleged victim, except as specifically authorized by the court;

          (d) Knowingly coming within, or knowingly remaining within, a specified distance of a specified location.

          (3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.

          (4) The court shall issue a temporary restraining order prohibiting a person from entering the family home if the court finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety and is sufficient to protect the child from further sexual or physical abuse or coercion.

          (5) The court may issue a temporary restraining order without requiring notice to the party to be restrained or other parties only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

          (6) A temporary restraining order or preliminary injunction:

          (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; and

          (b) May be revoked or modified.

          (7) The person having physical custody of the child shall have an affirmative duty to assist in the enforcement of the restraining order including but not limited to a duty to notify the court as soon as practicable of any violation of the order, a duty to request the assistance of law enforcement officers to enforce the order, and a duty to notify the department of social and health services of any violation of the order as soon as practicable if the department is a party to the action. Failure by the custodial party to discharge these affirmative duties shall be subject to contempt proceedings.

          (8) Willful violation of a court order entered under this section is a misdemeanor. A written order shall contain the court's directive and shall bear the legend: "Violation of this order with actual notice of its terms is a criminal offense under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."

          (9) If a restraining order issued under this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 13. RCW 26.44.067 and 1993 c 412 s 16 are each amended to read as follows:

          (1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order shall be guilty of a misdemeanor.

          (2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party.

          (3) The remedies provided in this section shall not apply unless restraining orders subject to this section ((shall)) bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS.

          (4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.


          Sec. 14. RCW 26.50.035 and 1995 c 246 s 4 are each amended to read as follows:

          (1) ((By July 1, 1994,)) The administrator for the courts shall develop and prepare instructions and informational brochures required under RCW 26.50.030(4), standard petition and order for protection forms, and a court staff handbook on domestic violence and the protection order process. The standard petition and order for protection forms must be used after September 1, 1994, for all petitions filed and orders issued under this chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including a representative of the state domestic violence coalition, judges, and law enforcement personnel.

          (a) The instructions shall be designed to assist petitioners in completing the petition, and shall include a sample of standard petition and order for protection forms.

          (b) The informational brochure shall describe the use of and the process for obtaining ((a)), modifying, and terminating a domestic violence protection order as provided under this chapter, ((a)) an anti-harassment no-contact order as provided ((by RCW 10.99.040)) under chapter 9A.46 RCW, a domestic violence no-contact order as provided under chapter 10.99 RCW, a restraining order as provided ((by RCW 26.09.060)) under chapter 26.09, 26.10, 26.26, and 26.44 RCW, ((and)) an antiharassment protection order as provided by chapter 10.14 RCW, and a foreign protection order as defined in chapter 26.52 RCW.

          (c) The order for protection form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement: "You can be arrested even if the person or persons who obtained the order invite or allow you to violate the order's prohibitions. The respondent has the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order upon written application."

          (d) The court staff handbook shall allow for the addition of a community resource list by the court clerk.

          (2) All court clerks shall obtain a community resource list from a domestic violence program, defined in RCW 70.123.020, serving the county in which the court is located. The community resource list shall include the names and telephone numbers of domestic violence programs serving the community in which the court is located, including law enforcement agencies, domestic violence agencies, sexual assault agencies, legal assistance programs, interpreters, multicultural programs, and batterers' treatment programs. The court shall make the community resource list available as part of or in addition to the informational brochures described in subsection (1) of this section.

          (3) The administrator for the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all superior, district, and municipal courts.

          (4) For purposes of this section, "court clerks" means court administrators in courts of limited jurisdiction and elected court clerks.

          (5) The administrator for the courts shall determine the significant non-English-speaking or limited English-speaking populations in the state. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant non-English-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all court clerks by January 1, 1997.

          (6) The administrator for the courts shall update the instructions, brochures, standard petition and order for protection forms, and court staff handbook when changes in the law make an update necessary.


          Sec. 15. RCW 26.50.060 and 1999 c 147 s 2 are each amended to read as follows:

          (1) Upon notice and after hearing, the court may provide relief as follows:

          (a) Restrain the respondent from committing acts of domestic violence;

          (b) Exclude the respondent from the dwelling ((which)) that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

          (c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

          (d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

          (((d))) (e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150;

          (((e))) (f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

          (((f))) (g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including ((a)) reasonable ((attorney's fee)) attorneys' fees;

          (((g))) (h) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

          (((h))) (i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

          (((i))) (j) Consider the provisions of RCW 9.41.800;

          (((j))) (k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

          (((k))) (l) Order use of a vehicle.

          (2) If a ((restraining)) protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

          If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 or 26.26 RCW.

          (3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.

          (4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

          (5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

          (6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

          (7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.


          Sec. 16. RCW 26.50.070 and 1996 c 248 s 14 are each amended to read as follows:

          (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

          (a) Restraining any party from committing acts of domestic violence;

          (b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;

          (c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

          (d) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;

          (((d))) (e) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and

          (((e))) (f) Considering the provisions of RCW 9.41.800.

          (2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

          (3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

          (4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

          (5) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a state-wide judicial information system by the clerk of the court within one judicial day after issuance.

          (6) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.


          Sec. 17. RCW 9.94A.320 and 1999 c 352 s 3, 1999 c 322 s 5, and 1999 c 45 s 4 are each reenacted and amended to read as follows:

          TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

   XVI                  Aggravated Murder 1 (RCW 10.95.020)

    XV                  Homicide by abuse (RCW 9A.32.055)

                            Malicious explosion 1 (RCW 70.74.280(1))

                            Murder 1 (RCW 9A.32.030)

   XIV                  Murder 2 (RCW 9A.32.050)

   XIII                  Malicious explosion 2 (RCW 70.74.280(2))

                            Malicious placement of an explosive 1 (RCW 70.74.270(1))

     XII                  Assault 1 (RCW 9A.36.011)

                            Assault of a Child 1 (RCW 9A.36.120)

                            Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

                            Rape 1 (RCW 9A.44.040)

                            Rape of a Child 1 (RCW 9A.44.073)

      XI                  Manslaughter 1 (RCW 9A.32.060)

                            Rape 2 (RCW 9A.44.050)

                            Rape of a Child 2 (RCW 9A.44.076)

       X                  Child Molestation 1 (RCW 9A.44.083)

                            Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                            Kidnapping 1 (RCW 9A.40.020)

                            Leading Organized Crime (RCW 9A.82.060(1)(a))

                            Malicious explosion 3 (RCW 70.74.280(3))

                            Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

      IX                  Assault of a Child 2 (RCW 9A.36.130)

                            Controlled Substance Homicide (RCW 69.50.415)

                            Explosive devices prohibited (RCW 70.74.180)

                            Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW ((88.12.029)) 79A.60.050)

                            Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                            Malicious placement of an explosive 2 (RCW 70.74.270(2))

                            Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                            Robbery 1 (RCW 9A.56.200)

                            Sexual Exploitation (RCW 9.68A.040)

                            Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

   VIII                  Arson 1 (RCW 9A.48.020)

                            Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                            Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW ((88.12.029)) 79A.60.050)

                            Manslaughter 2 (RCW 9A.32.070)

                            Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

                            Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                            Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                            Promoting Prostitution 1 (RCW 9A.88.070)

                            Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                            Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

     VII                  Burglary 1 (RCW 9A.52.020)

                            Child Molestation 2 (RCW 9A.44.086)

                            Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                            Drive-by Shooting (RCW 9A.36.045)

                            Homicide by Watercraft, by disregard for the safety of others (RCW ((88.12.029)) 79A.60.050)

                            Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                            Introducing Contraband 1 (RCW 9A.76.140)

                            Involving a minor in drug dealing (RCW 69.50.401(f))

                            Malicious placement of an explosive 3 (RCW 70.74.270(3))

                            Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                            Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

                            Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

                            Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

      VI                  Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                            Bribery (RCW 9A.68.010)

                            Incest 1 (RCW 9A.64.020(1))

                            Intimidating a Judge (RCW 9A.72.160)

                            Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                            Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

                            Rape of a Child 3 (RCW 9A.44.079)

                            Theft of a Firearm (RCW 9A.56.300)

       V                  Abandonment of dependent person 1 (RCW 9A.42.060)

                            Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                            Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                            Child Molestation 3 (RCW 9A.44.089)

                            Criminal Mistreatment 1 (RCW 9A.42.020)

                            Custodial Sexual Misconduct 1 (RCW 9A.44.160)

                            Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                            Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

                            Extortion 1 (RCW 9A.56.120)

                            Extortionate Extension of Credit (RCW 9A.82.020)

                            Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                            Incest 2 (RCW 9A.64.020(2))

                            Kidnapping 2 (RCW 9A.40.030)

                            ((On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Pretrial Condition (RCW 10.99.040(4) (b) and (c))

                            On and after July 1, 2000: No-Contact Order Violation: Domestic Violence Sentence Condition (RCW 10.99.050(2))

                            On and after July 1, 2000: Protection Order Violation: Domestic Violence Civil Action (RCW 26.50.110 (4) and (5))

                            On and after July 1, 2000: Stalking (RCW 9A.46.110)))

                            Perjury 1 (RCW 9A.72.020)

                            Persistent prison misbehavior (RCW 9.94.070)

                            Possession of a Stolen Firearm (RCW 9A.56.310)

                            Rape 3 (RCW 9A.44.060)

                            Rendering Criminal Assistance 1 (RCW 9A.76.070)

                            Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                            Sexually Violating Human Remains (RCW 9A.44.105)

                            Stalking (RCW 9A.46.110)

      IV                  Arson 2 (RCW 9A.48.030)

                            Assault 2 (RCW 9A.36.021)

                            Assault by Watercraft (RCW ((88.12.032)) 79A.60.060)

                            Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                            Commercial Bribery (RCW 9A.68.060)

                            Counterfeiting (RCW 9.16.035(4))

                            Escape 1 (RCW 9A.76.110)

                            Hit and Run--Injury Accident (RCW 46.52.020(4))

                            Hit and Run with Vessel--Injury Accident (RCW ((88.12.155(3))) 79A.60.200(3))

                            Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

                            Influencing Outcome of Sporting Event (RCW 9A.82.070)

                            Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

                            Malicious Harassment (RCW 9A.36.080)

                            Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

                            Residential Burglary (RCW 9A.52.025)

                            Robbery 2 (RCW 9A.56.210)

                            Theft of Livestock 1 (RCW 9A.56.080)

                            Threats to Bomb (RCW 9.61.160)

                            Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                            Vehicular Assault (RCW 46.61.522)

                            Willful Failure to Return from Furlough (RCW 72.66.060)

      III                  Abandonment of dependent person 2 (RCW 9A.42.070)

                            Assault 3 (RCW 9A.36.031)

                            Assault of a Child 3 (RCW 9A.36.140)

                            Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                            Burglary 2 (RCW 9A.52.030)

                            Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                            Criminal Gang Intimidation (RCW 9A.46.120)

                            Criminal Mistreatment 2 (RCW 9A.42.030)

                            Custodial Assault (RCW 9A.36.100)

                            Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                            Escape 2 (RCW 9A.76.120)

                            Extortion 2 (RCW 9A.56.130)

                            Harassment (RCW 9A.46.020)

                            Intimidating a Public Servant (RCW 9A.76.180)

                            Introducing Contraband 2 (RCW 9A.76.150)

                            Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

                            Malicious Injury to Railroad Property (RCW 81.60.070)

                            Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                            Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                            Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                            Perjury 2 (RCW 9A.72.030)

                            Possession of Incendiary Device (RCW 9.40.120)

                            Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

                            Promoting Prostitution 2 (RCW 9A.88.080)

                            Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                            Securities Act violation (RCW 21.20.400)

                            Tampering with a Witness (RCW 9A.72.120)

                            Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

                            Theft of Livestock 2 (RCW 9A.56.080)

                            Unlawful Imprisonment (RCW 9A.40.040)

                            Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                            Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

                            Willful Failure to Return from Work Release (RCW 72.65.070)

       II                  Computer Trespass 1 (RCW 9A.52.110)

                            Counterfeiting (RCW 9.16.035(3))

                            Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                            Escape from Community Custody (RCW 72.09.310)

                            Health Care False Claims (RCW 48.80.030)

                            Malicious Mischief 1 (RCW 9A.48.070)

                            Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

                            Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                            Possession of Stolen Property 1 (RCW 9A.56.150)

                            Theft 1 (RCW 9A.56.030)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

                            Trafficking in Insurance Claims (RCW 48.30A.015)

                            Unlawful Practice of Law (RCW 2.48.180)

                            Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

         I                  Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                            False Verification for Welfare (RCW 74.08.055)

                            Forged Prescription (RCW 69.41.020)

                            Forged Prescription for a Controlled Substance (RCW 69.50.403)

                            Forgery (RCW 9A.60.020)

                            Malicious Mischief 2 (RCW 9A.48.080)

                            Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

                            Possession of Stolen Property 2 (RCW 9A.56.160)

                            Reckless Burning 1 (RCW 9A.48.040)

                            Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                            Theft 2 (RCW 9A.56.040)

                            Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

                            Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                            Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                            Vehicle Prowl 1 (RCW 9A.52.095)


          Sec. 18. RCW 10.99.040 and 1997 c 338 s 54 are each amended to read as follows:

          (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

          (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

          (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

          (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

          (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

          (2)(a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

          (c) The no-contact order shall also be issued in writing as soon as possible.

          (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

          (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is ((a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

          (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

          (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

          (((d))) (b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

          (c) A certified copy of the order shall be provided to the victim.

          (5) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

          (((5))) (6) Whenever ((an)) a no-contact order ((prohibiting contact)) is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall ((forthwith)) enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.


          Sec. 19. RCW 10.99.045 and 1998 c 55 s 2 are each amended to read as follows:

          (1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest.

          (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020 and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

          (3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. The court may include in the order any conditions authorized under RCW 9.41.800 and 10.99.040.

          (4) Appearances required pursuant to this section are mandatory and cannot be waived.

          (5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).


          Sec. 20. RCW 10.99.050 and 1997 c 338 s 55 are each amended to read as follows:

          (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

          (2)(a) Willful violation of a court order issued under this section is ((a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated)) punishable under RCW 26.50.110.

          (b) The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter ((10.99)) 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.

          (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall ((forthwith)) enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the ((law enforcement)) computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.

          (4) If an order prohibiting contact issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.


          Sec. 21. RCW 26.09.300 and 1996 c 248 s 9 are each amended to read as follows:

          (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a misdemeanor)) punishable under RCW 26.50.110.

          (2) A person is deemed to have notice of a restraining order if:

          (a) The person to be restrained or the person's attorney signed the order;

          (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

          (c) The order was served upon the person to be restrained; or

          (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (3) A peace officer shall verify the existence of a restraining order by:

          (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

          (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) A restraining order has been issued under this chapter;

          (b) The respondent or person to be restrained knows of the order; and

          (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

          (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.


          Sec. 22. RCW 26.10.220 and 1999 c 184 s 11 are each amended to read as follows:

          (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

          (2) A person is deemed to have notice of a restraining order if:

          (a) The person to be restrained or the person's attorney signed the order;

          (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

          (c) The order was served upon the person to be restrained; or

          (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (3) A peace officer shall verify the existence of a restraining order by:

          (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

          (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) A restraining order has been issued under this chapter;

          (b) The respondent or person to be restrained knows of the order; and

          (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

          (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.


          Sec. 23. RCW 26.26.138 and 1999 c 184 s 12 are each amended to read as follows:

          (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is ((a gross misdemeanor)) punishable under RCW 26.50.110.

          (2) A person is deemed to have notice of a restraining order if:

          (a) The person to be restrained or the person's attorney signed the order;

          (b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

          (c) The order was served upon the person to be restrained; or

          (d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (3) A peace officer shall verify the existence of a restraining order by:

          (a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

          (b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

          (4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) A restraining order has been issued under this chapter;

          (b) The respondent or person to be restrained knows of the order; and

          (c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.

          (5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

          (6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.


          Sec. 24. RCW 26.50.110 and 1996 c 248 s 16 are each amended to read as follows:

          (1) Whenever an order ((for protection)) is granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2) (a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

          (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

          (3) A violation of an order ((for protection)) issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

          (4) Any assault that is a violation of an order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of ((a protective)) such an order ((issued under this chapter)) that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

          (5) A violation of a court order issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of ((a no-contact)) an order issued under chapter 10.99 ((RCW, a domestic violence protection order issued under chapter 26.09, 26.10, or 26.26 RCW or this chapter, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law)), 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the ((no-contact orders or protection)) orders the offender violated.

          (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order ((for protection)) granted under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.


          Sec. 25. RCW 26.50.160 and 1995 c 246 s 18 are each amended to read as follows:

          To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

          (1) The names of the parties and the cause number for every order of protection issued under this title, every criminal no-contact order issued under chapters 9A.46 and 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, ((and)) every parentage action under chapter ((26.10)) 26.26 RCW, every restraining order issued on behalf of an abused child or adult dependent person under chapter 26.44 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of an abused child, adult dependent person, or vulnerable adult, the name of the person on whose behalf relief was sought shall be included in the data base as a party rather than the guardian or department;

          (2) A criminal history of the parties; and

          (3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee.


          Sec. 26. RCW 26.52.070 and 1999 c 184 s 9 are each amended to read as follows:

          (1) Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime, is ((a gross misdemeanor except as provided in subsections (3) and (4) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring)) punishable under RCW 26.50.110.

          (2) A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

          (((3) An assault that is a violation of a valid foreign protection order that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and conduct in violation of a valid foreign protection order issued under this chapter that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

          (4) A violation of a valid foreign protection order is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under chapter 10.99 RCW, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or a federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law. The previous convictions may involve the same person entitled to protection or other person entitled to protection specifically protected by the no-contact orders or protection orders the offender violated.))


          Sec. 27. RCW 74.34.130 and 1999 c 176 s 13 are each amended to read as follows:

          The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

          (1) Restraining respondent from committing acts of abandonment, abuse, neglect, or financial exploitation;

          (2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

          (3) Prohibiting contact by respondent for a specified period or until further order of the court;

          (4) Prohibiting the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

          (5) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

          (((5))) (6) Restraining the transfer of property for a specified period not exceeding ninety days; and

          (((6))) (7) Requiring the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.

          Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.


          Sec. 28. RCW 9.94A.440 and 1999 c 322 s 6 and 1999 c 196 s 11 are each reenacted and amended to read as follows:

          (1) Decision not to prosecute.

          STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

          GUIDELINE/COMMENTARY:

          Examples

          The following are examples of reasons not to prosecute which could satisfy the standard.

          (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

          (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

          (i) It has not been enforced for many years; and

          (ii) Most members of society act as if it were no longer in existence; and

          (iii) It serves no deterrent or protective purpose in today's society; and

          (iv) The statute has not been recently reconsidered by the legislature.

          This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

          (c) De Minimus Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

          (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

          (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

          (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

          (iii) Conviction of the new offense would not serve any significant deterrent purpose.

          (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

          (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

          (ii) Conviction in the pending prosecution is imminent;

          (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

          (iv) Conviction of the new offense would not serve any significant deterrent purpose.

          (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.

          (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.

          (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

          (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

          (i) Assault cases where the victim has suffered little or no injury;

          (ii) Crimes against property, not involving violence, where no major loss was suffered;

          (iii) Where doing so would not jeopardize the safety of society.

          Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

          The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

          Notification

          The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

          (2) Decision to prosecute.

          (a) STANDARD:

          Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.120(8).

          Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

          See table below for the crimes within these categories.

CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS

          CRIMES AGAINST PERSONS

          Aggravated Murder

          1st Degree Murder

          2nd Degree Murder

          1st Degree Kidnaping

          1st Degree Assault

          1st Degree Assault of a Child

          1st Degree Rape

          1st Degree Robbery

          1st Degree Rape of a Child

          1st Degree Arson

          2nd Degree Kidnaping

          2nd Degree Assault

          2nd Degree Assault of a Child

          2nd Degree Rape

          2nd Degree Robbery

          1st Degree Burglary

          1st Degree Manslaughter

          2nd Degree Manslaughter

          1st Degree Extortion

          Indecent Liberties

          Incest

          2nd Degree Rape of a Child

          Vehicular Homicide

          Vehicular Assault

          3rd Degree Rape

          3rd Degree Rape of a Child

          1st Degree Child Molestation

          2nd Degree Child Molestation

          3rd Degree Child Molestation

          2nd Degree Extortion

          1st Degree Promoting Prostitution

          Intimidating a Juror

          Communication with a Minor

          Intimidating a Witness

          Intimidating a Public Servant

          Bomb Threat (if against person)

          3rd Degree Assault

          3rd Degree Assault of a Child

          Unlawful Imprisonment

          Promoting a Suicide Attempt

          Riot (if against person)

          Stalking

          Custodial Assault

          ((No-Contact Order-Domestic Violence Pretrial (RCW 10.99.040(4) (b) and (c))

          No-Contact Order-Domestic Violence Sentence (RCW 10.99.050(2))

          Protection Order-Domestic Violence Civil (RCW 26.50.110 (4) and (5)))) Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or section 2 of this act)

          Counterfeiting (if a violation of RCW 9.16.035(4))

          CRIMES AGAINST PROPERTY/OTHER CRIMES

          2nd Degree Arson

          1st Degree Escape

          2nd Degree Burglary

          1st Degree Theft

          1st Degree Perjury

          1st Degree Introducing Contraband

          1st Degree Possession of Stolen Property

          Bribery

          Bribing a Witness

          Bribe received by a Witness

          Bomb Threat (if against property)

          1st Degree Malicious Mischief

          2nd Degree Theft

          2nd Degree Escape

          2nd Degree Introducing Contraband

          2nd Degree Possession of Stolen Property

          2nd Degree Malicious Mischief

          1st Degree Reckless Burning

          Taking a Motor Vehicle without Authorization

          Forgery

          2nd Degree Perjury

          2nd Degree Promoting Prostitution

          Tampering with a Witness

          Trading in Public Office

          Trading in Special Influence

          Receiving/Granting Unlawful Compensation

          Bigamy

          Eluding a Pursuing Police Vehicle

          Willful Failure to Return from Furlough

          Escape from Community Custody

          Riot (if against property)

          Thefts of Livestock

          ALL OTHER UNCLASSIFIED FELONIES

          Selection of Charges/Degree of Charge

          (i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

          (A) Will significantly enhance the strength of the state's case at trial; or

          (B) Will result in restitution to all victims.

          (ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

          (A) Charging a higher degree;

          (B) Charging additional counts.

          This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

          (b) GUIDELINES/COMMENTARY:

          (i) Police Investigation

          A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

          (A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

          (B) The completion of necessary laboratory tests; and

          (C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

          If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

          (ii) Exceptions

          In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

          (A) Probable cause exists to believe the suspect is guilty; and

          (B) The suspect presents a danger to the community or is likely to flee if not apprehended; or

          (C) The arrest of the suspect is necessary to complete the investigation of the crime.

          In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

          (iii) Investigation Techniques

          The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

          (A) Polygraph testing;

          (B) Hypnosis;

          (C) Electronic surveillance;

          (D) Use of informants.

          (iv) Pre-Filing Discussions with Defendant

          Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

          (v) Pre-Filing Discussions with Victim(s)

          Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.


          NEW SECTION. Sec. 29. Section 17 of this act takes effect July 1, 2000.


          NEW SECTION. Sec. 30. The penalties prescribed in this act apply to violations of court orders which occur on or after July 1, 2000, regardless of the date the court issued the order."


          Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative Boldt.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6401            Prime Sponsor, Committee on Senate Health & Long-Term Care: Protecting vulnerable adults. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Appropriations and without amendment by Committee on Criminal Justice & Corrections.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 43.20A.710 and 1999 c 336 s 7 are each amended to read as follows:

          (1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:

          (a) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or individuals with mental illness or developmental disabilities; and

          (b) Individual providers who are paid by the state ((for)) and providers who are paid by home care agencies to provide in-home services ((and hired by individuals)) involving unsupervised access to persons with physical ((disabilities)), mental, or developmental disabilities((,)) or mental illness, or ((mental impairment)) to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW.

          (2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.

          (3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).

          (4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.

          (5) The secretary shall provide the results of the ((state)) background check on individual providers to the ((individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment)) persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If ((an individual)) the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from ((employment with the department)) having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.

          (((4))) (6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.


          Sec. 2. RCW 74.34.095 and 1999 c 176 s 17 are each amended to read as follows:

          (1) The following information is confidential and not subject to disclosure, except as provided in this section:

          (a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;

          (b) The identity of the person making the report; and

          (c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.

          (2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, or 74.39A RCW, or as authorized by the long-term care ombudsman programs under federal law or state law, chapter 43.190 RCW.

          (3) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.


          Sec. 3. RCW 74.39A.095 and 1999 c 175 s 3 are each amended to read as follows:

          (1) In carrying out case management responsibilities established under RCW 74.39A.090 for consumers who are receiving services under the medicaid personal care, community options programs entry system or chore services program through an individual provider, each area agency on aging shall provide adequate oversight of the care being provided to consumers receiving services under this section. Such oversight shall include, but is not limited to:

          (a) Verification that the individual provider has met any training requirements established by the department;

          (b) Verification of a sample of worker time sheets;

          (c) Home visits or telephone contacts sufficient to ensure that the plan of care is being appropriately implemented;

          (d) Reassessment and reauthorization of services;

          (e) Monitoring of individual provider performance; and

          (f) Conducting criminal background checks or verifying that criminal background checks have been conducted.

          (2) The area agency on aging case manager shall work with each consumer to develop a plan of care under this section that identifies and ensures coordination of health and long-term care services that meet the consumer's needs. In developing the plan, they shall utilize, and modify as needed, any comprehensive community service plan developed by the department as provided in RCW 74.39A.040. The plan of care shall include, at a minimum:

          (a) The name and telephone number of the consumer's area agency on aging case manager, and a statement as to how the case manager can be contacted about any concerns related to the consumer's well-being or the adequacy of care provided;

          (b) The name and telephone numbers of the consumer's primary health care provider, and other health or long-term care providers with whom the consumer has frequent contacts;

          (c) A clear description of the roles and responsibilities of the area agency on aging case manager and the consumer receiving services under this section;

          (d) The duties and tasks to be performed by the area agency on aging case manager and the consumer receiving services under this section;

          (e) The type of in-home services authorized, and the number of hours of services to be provided;

          (f) The terms of compensation of the individual provider;

          (g) A statement that the individual provider has the ability and willingness to carry out his or her responsibilities relative to the plan of care; and

          (h)(i) Except as provided in (h)(ii) of this subsection, a clear statement indicating that a consumer receiving services under this section has the right to waive any of the case management services offered by the area agency on aging under this section, and a clear indication of whether the consumer has, in fact, waived any of these services.

          (ii) The consumer's right to waive case management services does not include the right to waive reassessment or reauthorization of services, or verification that services are being provided in accordance with the plan of care.

          (3) Each area agency on aging shall retain a record of each waiver of services included in a plan of care under this section.

          (4) Each consumer has the right to direct and participate in the development of their plan of care to the maximum practicable extent of their abilities and desires, and to be provided with the time and support necessary to facilitate that participation.

          (5) A copy of the plan of care must be distributed to the consumer's primary care provider, individual provider, and other relevant providers with whom the consumer has frequent contact, as authorized by the consumer.

          (6) The consumer's plan of care shall be an attachment to the contract between the department, or their designee, and the individual provider.

          (7) If the department or area agency on aging case manager finds that an individual provider's inadequate performance or inability to deliver quality care is jeopardizing the health, safety, or well-being of a consumer receiving service under this section, the department or the area agency on aging may take action to terminate the contract between the department and the individual provider. If the department or the area agency on aging has a reasonable, good faith belief that the health, safety, or well-being of a consumer is in imminent jeopardy, the department or area agency on aging may summarily suspend the contract pending a fair hearing. The consumer may request a fair hearing to contest the planned action of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection.

          (8) The department or area agency on aging may reject a request by ((an [a])) a consumer receiving services under this section to have a family member or other person serve as his or her individual provider if the case manager has a reasonable, good faith belief that the family member or other person will be unable to appropriately meet the care needs of the consumer. The consumer may request a fair hearing to contest the decision of the case manager, as provided in chapter 34.05 RCW. The department may by rule adopt guidelines for implementing this subsection.


          NEW SECTION. Sec. 4. A new section is added to chapter 74.39A RCW to read as follows:

          A home and community services employer or a nursing home employer who discloses information about a former or current employee to a prospective home and community services employer or nursing home employer is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (1) The employee's ability to perform his or her job; (2) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee when related to his or her ability to care for a vulnerable adult. For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the home and community services employer or nursing home employer was knowingly false or with reckless disregard for the truth of the information disclosed. Nothing in this section shall affect or limit any other state, federal, or constitutional right otherwise available. Should the employee successfully rebut the presumption of good faith standard in a court of competent jurisdiction, and therefore be the prevailing party, the prevailing party shall be entitled to recover reasonable attorneys' fees against the employer.


          NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void."


          Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SSB 6454            Prime Sponsor, Committee on Senate Ways & Means: Eliminating references to obsolete natural resources accounts. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6502            Prime Sponsor, Committee on Senate Health & Long-Term Care: Changing provisions on long-term care training. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SSB 6531            Prime Sponsor, Committee on Senate Ways & Means: Modifying the Washington school employees' retirement system plan 2 and 3. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McIntire; McMorris; Mulliken; Parlette; Rockefeller; Ruderman; Sullivan; Sump; Tokuda and Wensman.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McIntire, McMorris, Mulliken, Parlette, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representatives Boldt and Regala.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SB 6532               Prime Sponsor, Senator Honeyford: Decreasing the employee contribution rate for the Washington state patrol retirement system. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

ESSB 6533          Prime Sponsor, Committee on Senate Ways & Means: Creating additional options for payment of retirement allowances. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 41.26.460 and 1998 c 340 s 5 are each amended to read as follows:

          (1) Upon retirement for service as prescribed in RCW 41.26.430 or disability retirement under RCW 41.26.470, a member shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.

          (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

          (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

          (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

          (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

          (ii) The spousal consent provisions of (a) of this subsection do not apply.

          (3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:

          (i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and

          (ii) The retiree provides to the department proper proof of the designated beneficiary's death.

          (b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.

          (c) The percentage increase shall be derived by the following:

          (i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;

          (ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;

          (iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.

          (d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.

          (4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 2. RCW 41.32.530 and 1998 c 340 s 6 are each amended to read as follows:

          (1) Upon an application for retirement for service under RCW 41.32.480 or retirement for disability under RCW 41.32.550, approved by the department, every member shall receive the maximum retirement allowance available to him or her throughout life unless prior to the time the first installment thereof becomes due he or she has elected, by executing the proper application therefor, to receive the actuarial equivalent of his or her retirement allowance in reduced payments throughout his or her life with the following options:

          (a) Standard allowance. If he or she dies before he or she has received the present value of his or her accumulated contributions at the time of his or her retirement in annuity payments, the unpaid balance shall be paid to his or her estate or to such person, trust, or organization as he or she shall have nominated by written designation executed and filed with the department.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person ((who has an insurable interest in the member's life)). Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

          (c) Such other benefits shall be paid to a member receiving a retirement allowance under RCW 41.32.497 as the member may designate for himself, herself, or others equal to the actuarial value of his or her retirement annuity at the time of his retirement: PROVIDED, That the board of trustees shall limit withdrawals of accumulated contributions to such sums as will not reduce the member's retirement allowance below one hundred and twenty dollars per month.

          (d) A member whose retirement allowance is calculated under RCW 41.32.498 may also elect to receive a retirement allowance based on options available under this subsection that includes the benefit provided under RCW 41.32.770. This retirement allowance option shall also be calculated so as to be actuarially equivalent to the maximum retirement allowance and to the options available under this subsection.

          (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

          (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

          (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

          (ii) The spousal consent provisions of (a) of this subsection do not apply.

          (3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:

          (i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and

          (ii) The retiree provides to the department proper proof of the designated beneficiary's death.

          (b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.

          (c) The percentage increase shall be derived by the following:

          (i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;

          (ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;

          (iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.

          (d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.

          (4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 3. RCW 41.32.785 and 1998 c 340 s 7 are each amended to read as follows:

          (1) Upon retirement for service as prescribed in RCW 41.32.765 or retirement for disability under RCW 41.32.790, a member shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.

          (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

          (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

          (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

          (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

          (ii) The spousal consent provisions of (a) of this subsection do not apply.

          (3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:

          (i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and

          (ii) The retiree provides to the department proper proof of the designated beneficiary's death.

          (b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.

          (c) The percentage increase shall be derived by the following:

          (i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;

          (ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;

          (iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.

          (d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.

          (4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 4. RCW 41.32.851 and 1995 c 239 s 108 are each amended to read as follows:

          (1) Upon retirement for service as prescribed in RCW 41.32.875 or retirement for disability under RCW 41.32.880, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.

          (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. Upon the death of the retired member, all benefits shall cease.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to such person or persons as the retiree shall have nominated by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and joint and fifty percent survivor option.

          (2) A member, if married, must provide the written consent of his or her spouse to the option selected under this section. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section.

          (3) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 5. RCW 41.35.220 and 1998 c 341 s 23 are each amended to read as follows:

          (1) Upon retirement for service as prescribed in RCW 41.35.420 or 41.35.680 or retirement for disability under RCW 41.35.440 or 41.35.690, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.

          (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

          (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

          (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

          (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

          (ii) The spousal consent provisions of (a) of this subsection do not apply.

          (3) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 6. RCW 41.40.188 and 1998 c 340 s 8 are each amended to read as follows:

          (1) Upon retirement for service as prescribed in RCW 41.40.180 or retirement for disability under RCW 41.40.210 or 41.40.230, a member shall elect to have the retirement allowance paid pursuant to one of the following options calculated so as to be actuarially equivalent to each other.

          (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

          (c) A member may elect to include the benefit provided under RCW 41.40.640 along with the retirement options available under this section. This retirement allowance option shall be calculated so as to be actuarially equivalent to the options offered under this subsection.

          (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

          (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

          (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

          (ii) The spousal consent provisions of (a) of this subsection do not apply.

          (3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:

          (i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and

          (ii) The retiree provides to the department proper proof of the designated beneficiary's death.

          (b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.

          (c) The percentage increase shall be derived by the following:

          (i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;

          (ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;

          (iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.

          (d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.

          (4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 7. RCW 41.40.660 and 1998 c 340 s 9 are each amended to read as follows:

          (1) Upon retirement for service as prescribed in RCW 41.40.630 or retirement for disability under RCW 41.40.670, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.

          (a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.

          (b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.

          (2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.

          (b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:

          (i) The department shall honor the designation as if made by the member under subsection (1) of this section; and

          (ii) The spousal consent provisions of (a) of this subsection do not apply.

          (3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:

          (i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and

          (ii) The retiree provides to the department proper proof of the designated beneficiary's death.

          (b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.

          (c) The percentage increase shall be derived by the following:

          (i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;

          (ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;

          (iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.

          (d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.

          (4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:

          (a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.

          (ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.

          (b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.

          (c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.


          Sec. 8. RCW 43.43.278 and 1999 c 74 s 4 are each amended to read as follows:

          By July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select((, in lieu of benefits under RCW 43.43.270,)) an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse. The continuing allowance to the lawful surviving spouse shall be subject to the yearly increase provided by RCW 43.43.260(5) in lieu of the annual increase provided in RCW 43.43.272. The allowance to the lawful surviving spouse under this section, and the allowance for an eligible child or children under RCW 43.43.270, shall not be subject to the limit for combined benefits under RCW 43.43.270.


          NEW SECTION. Sec. 9. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.


          NEW SECTION. Sec. 10. Section 5 of this act takes effect September 1, 2000."


          Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SB 6534               Prime Sponsor, Senator Bauer: Establishing eligibility for the employee attendance incentive program. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended.


          Strike everything after the enacting clause and insert the following:


          "Sec. 1. RCW 28A.400.210 and 1997 c 13 s 9 are each amended to read as follows:

          Every school district board of directors may, in accordance with chapters 41.56 and 41.59 RCW, establish an attendance incentive program for all certificated and classified employees in the following manner, including covering persons who were employed during the 1982-'83 school year:

          (1) In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four days for every one day's monetary compensation. No employee may receive compensation under this section for any portion of leave for illness or injury accumulated at a rate in excess of one day per month.

          (2) Except as provided in RCW 28A.400.212, at the time of separation from school district employment ((due to retirement or death)) an eligible employee or the employee's estate shall receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days accrued leave for illness or injury. For purposes of this subsection, "eligible employee" means (a) employees who separate from employment due to retirement or death; (b) employees who separate from employment and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan 3 as defined in RCW 41.32.010(40), or under the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010(31); or (c) employees who separate from employment and who are at least age fifty-five and have at least fifteen years of service under the teachers' retirement system plan 2 as defined in RCW 41.32.010(39), under the Washington school employees' retirement system plan 2 as defined in RCW 41.35.010(30), or under the public employees' retirement system plan 2 as defined in RCW 41.40.010(34).

          (3) In lieu of remuneration for unused leave for illness or injury as provided in subsections (1) and (2) of this section, a school district board of directors may, with equivalent funds, provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with the district to hold the district harmless should the United States government find that the district or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the district not withholding or deducting any tax, assessment, or other payment on such funds as required under federal law.

          Moneys or benefits received under this section shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state.

          The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations to carry out the purposes of this section.

          Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right."


          Correct the title.

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SB 6602               Prime Sponsor, Senator Loveland: Revising membership of certain LEOFF disability boards. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SSB 6720            Prime Sponsor, Committee on Senate Agriculture & Rural Economic Devel: Modifying the Washington state beef commission. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

E2SSB 6731        Prime Sponsor, Committee on Senate Ways & Means: Creating a Lake Whatcom landscape plan. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass as amended by Committee on Natural Resources (for committee amendment, see Journal, 47th Day, February 25, 2000).

 

Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SSB 6740            Prime Sponsor, Committee on Senate Ways & Means: Providing service credit for certain members of the Washington state patrol retirement system. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sump and Tokuda.

 

MINORITY recommendation: Without recommendation. Signed by Representative Sullivan.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


February 28, 2000

SJM 8021            Prime Sponsor, Senator Spanel: Requesting the designation of the Paul N. Luvera, Sr. Memorial Highway. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Haigh; Hatfield; Hurst; McDonald; Morris; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Schual-Berke; Scott; Skinner; Wood and Woods.


          Voting yea: Representatives Fisher, Mitchell, Cooper, Edwards, Ericksen, Hankins, Haigh, Hatfield, Hurst, McDonald, Morris, Murray, Ogden, Pflug, Radcliff, Romero, Schindler, Schual-Berke, Scott, Skinner, Wood and Woods.

          Excused: Representatives Buck, G. Chandler, DeBolt, Fortunato, Lovick and Mielke.


          Passed to Rules Committee for Second Reading.


February 26, 2000

SJR 8214             Prime Sponsor, Senator Wojahn: Amending the Constitution to allow certain trust fund moneys to be invested as authorized by the legislature. Reported by Committee on Appropriations

 

MAJORITY recommendation: Do pass. Signed by Representatives Huff, Republican Co-Chair; H. Sommers, Democratic Co-Chair; Barlean, Republican Vice Chair; Doumit, Democratic Vice Chair; D. Schmidt, Republican Vice Chair; Alexander; Benson; Boldt; Clements; Cody; Crouse; Gombosky; Grant; Kagi; Keiser; Kenney; Kessler; Lambert; Linville; Lisk; Mastin; McMorris; Mulliken; Parlette; Regala; Rockefeller; Ruderman; Sullivan; Sump and Tokuda.


          Voting yea: Representatives Huff, H. Sommers, Barlean, Doumit, Schmidt, Alexander, Benson, Boldt, Clements, Cody, Crouse, Gombosky, Grant, Kagi, Keiser, Kenney, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mulliken, Parlette, Regala, Rockefeller, Ruderman, Sullivan, Sump, Tokuda and Wensman.

          Excused: Representative McIntire.


          Passed to Rules Committee for Second Reading.


          There being no objection, the bills, memorial and resolution listed on the day's committee reports under the fifth order of business were referred to the committees so designated.


          There being no objection, the House advanced to the eighth order of business.


EIGHTH ORDER


          There being no objection, the following bills were placed on the Second Reading calendar for the next working day.


ENGROSSED SENATE BILL NO. 5152

SUBSTITUTE SENATE BILL NO. 5366

SUBSTITUTE SENATE BILL NO. 5408

SUBSTITUTE SENATE BILL NO. 5518

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5610

SENATE BILL NO. 5664

ENGROSSED SENATE BILL NO. 5667

ENGROSSED SUBSTITUTE SENATE BILL NO. 5921

SUBSTITUTE SENATE BILL NO. 5932

SUBSTITUTE SENATE BILL NO. 6117

SENATE BILL NO. 6123

SENATE BILL NO. 6138

SENATE BILL NO. 6139

SENATE BILL NO. 6140

SUBSTITUTE SENATE BILL NO. 6147

ENGROSSED SUBSTITUTE SENATE BILL NO. 6149

SUBSTITUTE SENATE BILL NO. 6182

SUBSTITUTE SENATE BILL NO. 6186

SENATE BILL NO. 6190

SENATE BILL NO. 6206

ENGROSSED SUBSTITUTE SENATE BILL NO. 6217

ENGROSSED SUBSTITUTE SENATE BILL NO. 6218

ENGROSSED SUBSTITUTE SENATE BILL NO. 6220

SENATE BILL NO. 6223

SENATE BILL NO. 6237

SENATE BILL NO. 6275

SUBSTITUTE SENATE BILL NO. 6276

SENATE BILL NO. 6285

SUBSTITUTE SENATE BILL NO. 6294

SENATE BILL NO. 6307

SUBSTITUTE SENATE BILL NO. 6336

ENGROSSED SUBSTITUTE SENATE BILL NO. 6347

SUBSTITUTE SENATE BILL NO. 6349

SUBSTITUTE SENATE BILL NO. 6351

SENATE BILL NO. 6366

SENATE BILL NO. 6378

SENATE BILL NO. 6429

SUBSTITUTE SENATE BILL NO. 6467

ENGROSSED SENATE BILL NO. 6555

SUBSTITUTE SENATE BILL NO. 6557

ENGROSSED SUBSTITUTE SENATE BILL NO. 6559

SENATE BILL NO. 6570

SUBSTITUTE SENATE BILL NO. 6621

SENATE BILL NO. 6622

SENATE BILL NO. 6642

SUBSTITUTE SENATE BILL NO. 6643

SUBSTITUTE SENATE BILL NO. 6644

SENATE BILL NO. 6667

SENATE BILL NO. 6678

SUBSTITUTE SENATE BILL NO. 6687

ENGROSSED SUBSTITUTE SENATE BILL NO. 6732

SENATE BILL NO. 6741

SENATE BILL NO. 6748

SECOND SUBSTITUTE SENATE BILL NO. 6811

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017

SENATE JOINT MEMORIAL NO. 8019

SENATE JOINT MEMORIAL NO. 8022

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026

SENATE JOINT MEMORIAL NO. 8027

ENGROSSED SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8425


          There being no objection, the House advanced to the eleventh order of business.


          There being no objection, the House adjourned until 9:00 a.m., Tuesday, February 29, 2000, the 51st Legislative Day.

 

TIMOTHY A. MARTIN, Chief Clerk                                                                        CLYDE BALLARD, Speaker

CYNTHIA ZEHNDER, Chief Clerk                                                                           FRANK CHOPP, Speaker