HOUSE BILL REPORT
EHB 2472
As Passed House:
February 6, 1996
Title: An act relating to domestic violence.
Brief Description: Clarifying domestic violence provisions.
Sponsors: Representatives Lambert, Costa, Conway and Veloria.
Brief History:
Committee Activity:
Law & Justice: 1/30/96 [DP].
Floor Activity:
Passed House: 2/6/96, 98-0.
HOUSE COMMITTEE ON LAW & JUSTICE
Majority Report: Do pass. Signed by 16 members: Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Murray; Robertson; Smith and Sterk.
Staff: Pat Shelledy (786-7149).
Background: In 1995, the Legislature passed ESSB 5219, which contained numerous provisions governing domestic violence. In particular, the bill attempted to reconcile minor differences between provisions governing restraining orders, no-contact orders, and protection orders issued under a variety of statutes. Another provision of the bill clarified that the court could restrain a person subject to the order from entering a residence shared with the petitioner, the petitioner's workplace or school, or the school or day care center of a child protected by the order.
The bill also attempted to reconcile penalty provisions for violations of various protection orders by making violations gross misdemeanors. However, the bill failed to amend one provision that provides that violating a no-contact order after a conviction of a domestic violence crime is a misdemeanor. The bill also tried to ensure that more than one order from different courts would not be issued involving the same parties.
Finally, the bill provided that a law enforcement officer could enforce a protection order if the officer was presented with an unexpired, certified copy of the order, even if the officer could not find the order in the computer-based intelligence information system where current orders are supposed to be retained.
The Washington Association of Sheriffs and Police Chiefs collects statewide data on incidents of domestic violence. Data on violations of protections and no-contact orders is not currently collected.
Summary of Bill: Protection orders, restraining orders, and no-contact orders may specify that the person being restrained may not enter the grounds of a building where the respondent may not enter, such as a home, school, workplace, or day care center.
A violation of a no-contact order issued following conviction of a crime of domestic violence is raised from a misdemeanor to a gross misdemeanor. The order must warn the person subject to the order of the consequences of violating the order, and that the respondent is responsible for observing it even if the petitioner protected by it invites or allows the respondent to violate the order.
When a petitioner applies for a civil domestic violence protection order, the petitioner must notify the court of the existence of any other restraining, protection, or no-contact order between the parties.
Presentation of an unexpired, certified copy of a protection order that is not on the computer base is sufficient for enforcement, if proof of service is also presented. Presentation without proof of service is sufficient for a law enforcement officer to mandate prospective compliance with the order.
The Washington Association of Sheriffs and Police Chiefs must collect data on violations of protections or no-contact orders, if money is appropriated for that purpose.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Testimony For: This is a technical cleanup bill that clarifies sections of last year's ESSB 5219. It also reconciles the penalty for violating a no-contact order issued following conviction with penalty provisions for similar statutes.
Testimony Against: None.
Testified: Representative Lambert, prime sponsor; and Mary Pontarolo, Washington State Coalition Against Domestic Violence.