SENATE BILL REPORT

                   SB 5302

              As Reported By Senate Committee On:

                 Judiciary, February 12, 1999

Title:  An act relating to jurisdiction of superior courts in civil antiharassment actions.

Brief Description:  Defining the jurisdiction of civil antiharassment actions.

Sponsors:  Senators Roach and Heavey.

Brief History:

Committee Activity:  Judiciary:  2/8/99, 2/12/99 [DP].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  Do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, McCaslin, Roach, Thibaudeau and Zarelli.

Staff:  Lidia Mori (786-7755)

Background:  The Legislature has granted jurisdiction to district courts to preside over matters involving civil anti-harassment protection order petitions.  Superior courts have concurrent jurisdiction to receive transfers of civil anti-harassment petitions in cases where a district court judge makes findings of fact and conclusions of law showing that meritorious reasons exist for the transfer.  A typical reason for such transfer is when the respondent to the action is under 18 years of age, thus requiring the appointment of a guardian and the use of services typically offered by superior court.

Summary of Bill:  The proposed amendment requires the automatic transfer of civil anti-harassment petition cases to superior court when it is shown that the respondent is under 18 years of age.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  Court time is consumed doing findings of fact and conclusions of law in order to transfer civil anti-harassment petitions to superior court.  This bill will promote court efficiency.

Testimony Against:  None.

Testified:  Judge Robert McBeth, District and Municipal Court Judges Assn.