H-0235.1
HOUSE BILL 1149
State of Washington | 66th Legislature | 2019 Regular Session |
ByRepresentatives Jinkins, Griffey, Doglio, Kilduff, Macri, Valdez, Irwin, Dolan, Appleton, Tarleton, Goodman, Orwall, Stanford, and Walen
Read first time 01/15/19.Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to clarifying requirements to obtain a sexual assault protection order; amending RCW
7.90.020; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the Washington supreme court's decision in Roake v. Delman, 189 Wn.2d 775 (2018), does not reflect the legislature's intent regarding requirements for obtaining a civil sexual assault protection order pursuant to chapter 7.90 RCW. The legislature intends to respond to this decision by clarifying that a petitioner who seeks a sexual assault protection order is not required to separately allege or prove that the petitioner has a reasonable fear of future dangerous acts by the respondent, in addition to alleging and proving that the petitioner was sexually assaulted by the respondent. The legislature agrees with the dissenting opinion's view in Roake v. Delman that "experiencing a sexual assault is itself a reasonable basis for ongoing fear." Sec. 2. RCW
7.90.020 and 2007 c 55 s 1 are each amended to read as follows:
There shall exist an action known as a petition for a sexual assault protection order.
(1) A petition for relief shall allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration, and shall be accompanied by an affidavit made under oath stating the specific ((statements or actions made at the same time of the sexual assault or subsequently thereafter, which give rise to a reasonable fear of future dangerous acts, for))facts and circumstances from which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation or of any other restraining, protection, or no-contact orders between the parties.
(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
(3) Within ninety days of receipt of the master copy from the administrative office of the courts, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by RCW
7.90.180 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(4) Forms and instructional brochures and the necessary number of certified copies shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief in any proceeding under this section.
(6) If the petition states that disclosure of the petitioner's address would risk abuse of the petitioner or any member of the petitioner's family or household, that address may be omitted from all documents filed with the court. If the petitioner has not disclosed an address under this subsection, the petitioner shall designate an alternative address at which the respondent may serve notice of any motions.
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