1320-S2 AMH GOOD ADAM 462

2SHB 1320 - H AMD 223

By Representative Goodman

ADOPTED 03/01/2021

On page 26, beginning on line 26, strike all of subsection (1) and insert the following:

"(1)(a) By January 1, 2023, all superior courts and, by January 1, 2026, all courts of limited jurisdiction, must permit petitions for protection orders and all other filings in connection with the petition to be filed either: (i) In person; (ii) remotely through an electronic filing system; or (iii) by mail for persons who are incarcerated or who are otherwise unable to file in person or remotely through an electronic filing system. The court or clerk must make all electronically filed court documents available for electronic access by judicial officers statewide. Judicial officers may not be charged for access to such documents. Cities and counties using their own independent systems that are not provided by the state shall ensure this access at their own expense. The electronic filing system must allow for protection orders to be filed at any time of the day. Petitioners and respondents should not be charged for electronic filing for petitions and documents filed pursuant to this section.

(b) By January 1, 2023, all superior courts' systems and, by January 1, 2026, all limited jurisdiction courts' systems, should allow for the petitioner to electronically track the progress of the petition for a protection order. Notification may be provided by text messaging or email, and should provide reminders of court appearances and alert the petitioner when the following occur: (i) The petition has been processed and is under review by a judicial officer; (ii) the order has been signed; (iii) the order has been transmitted to law enforcement for entry into the Washington crime information center system; (iv) return of service upon the respondent has been filed with the court or clerk; and (v) a receipt for the surrender of firearms has been filed with the court or clerk. Respondents, once served, should be able to sign up for similar electronic notification. Petitioners and respondents should not be charged for electronic notification."

EFFECT: Delays implementation of electronic filing and electronic notification provisions until January 1, 2023, for superior courts, and January 1, 2026, for courts of limited jurisdiction.

Revises electronic filing and notification requirements as follows: (i) Removes the provision that the electronic filing system be accessible on the websites of every court clerk and the website for Washington courts, or an alternative online portal; (ii) requires the clerk to make all electronically filed documents available for electronic access statewide; (iii) provides that judicial officers may not be charged for electronic access and petitioners and respondents should not be charged for electronic filing of petitions or documents; (iv) removes language indicating electronic notification to the parties must be provided through the electronic filing system; and (v) revises language governing the information that should be part of the electronic notification system.

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