BP BHEAD INT S

AN ACT Relating to antiharassment and domestic violence restraining orders; amending RCW 9A.46.080, 10.14.080, 26.50.060, and 40.24.010; adding new sections to chapter 10.14 RCW; adding a new section to chapter 18.165 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9A.46.080 and 1985 c 288 s 8 are each amended to read as follows:

(1) The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses the order shall also prohibit the defendant from hiring or requesting a person to locate or pursue the victim or witnesses, the conditions shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued under this section is a misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.

(2) A copy of a no-contact order issued under this section shall 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 enter the order into the state-wide registry created in section 3 of this act.

Sec. 2. RCW 10.14.080 and 1994 1st sp.s. c 7 s 448 are each amended to read as follows:

(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.

(2) An ex parte temporary antiharassment protection order 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 10.14.085. 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 is permitted. Except as provided in RCW 10.14.070 and 10.14.085, 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.

(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.

(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.

(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. 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 10.14.085, personal service shall be made upon 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 by RCW 10.14.085. If the court permits service by publication, 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 this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner 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 subsection (4) of this section.

(6) A civil antiharassment protection order shall notify the respondent that it is a violation of the order to hire or request another person to pursue or locate the victim being protected by the antiharassment protection order.

(7) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:

(a) Restraining the respondent from making any attempts to contact the petitioner;

(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance;

(d) Considering the provisions of RCW 9.41.800.

((~~(7)~~)) (8) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.

((~~(8)~~)) (9) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.

NEW SECTION. Sec. 3. A new section is added to chapter 10.14 RCW to read as follows:

(1) The computer-based criminal intelligence information system used by law enforcement agencies in the state for copies of no-contact orders issued under RCW 9A.46.080, civil antiharassment protection orders issued under this chapter, and restraining orders under chapter 26.50 RCW shall be used as or to create a state-wide registry of antiharassment and domestic violence restraining orders.

(2) Certified copies of criminal no-contact orders, civil antiharassment protection orders, and domestic violence restraining orders from other states may be filed in the registry created in this section through any district court in the state of Washington.

(3) The registry created in this section shall list the names of the persons being protected as well as the names of the persons against whom the orders have been issued.

(4) The public shall have access to the registry created under this section.

NEW SECTION. Sec. 4. A new section is added to chapter 10.14 RCW to read as follows:

(1) This section applies to persons restrained by a final order issued under this chapter or chapter 9A.46 or 26.50 RCW.

(2) A restrained person may not hire or request another person to pursue or locate a victim who is the subject of an order unless the court that issued the order specifically authorizes the activity.

(3) A person, on behalf of a restrained person, who provides information that would assist the restrained person in violating an order is subject to contempt if he or she knew of the order.

(4) A court may authorize a private detective licensed under chapter 18.165 RCW to locate a victim whose name appears on the registry created in section 3 of this act. Information obtained pursuant to authorization under this section is subject to court protection.

NEW SECTION. Sec. 5. A new section is added to chapter 18.165 RCW to read as follows:

(1) A private detective hired to locate a person shall check the state-wide registry of antiharassment and domestic violence restraining orders created in section 3 of this act for the name of the person hiring the private detective and the name of the person whom the private detective was hired to locate.

(2) If there is an antiharassment or domestic violence restraining order protecting the person being investigated from the person employing the private detective, the private detective shall not contact the victim or provide the person subject to the antiharassment or domestic violence restraining order with information about the victim being investigated.

(3) If either the name of the person hiring the private detective or the name of the person being sought by the private detective is in the state-wide registry, the private detective shall make reasonable efforts to verify that the identity of his or her client and the party being sought are not the same as the parties named in the state-wide registry. If reasonable efforts are not made, the private detective is subject to sanctions under this section for providing protected information.

(4) A private detective who violates this section may be subject to a civil penalty and suspension or revocation of his or her license.

(5) This section does not apply if a court has authorized the private detective to locate a victim on the state-wide registry as provided for in section 4 of this act.

Sec. 6. RCW 26.50.060 and 1994 1st sp.s. c 7 s 457 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 the parties share or from the residence of the petitioner;

(c) 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) Order the respondent to participate in batterers' treatment;

(e) 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) Require 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. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense;

(g) 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) 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; ((~~and~~))

(i) Restrain the respondent from hiring or requesting a third party to locate or pursue the petitioner; and

(j) Consider the provisions of RCW 9.41.800.

(2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year if the restraining order restrains the respondent from contacting the respondent's minor children. 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 that are not also the respondent's 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 (a) grant relief for a fixed period not to exceed one year; (b) grant relief for a fixed period in excess of one year; or (c) 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 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. If the court permits service by publication, 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 or service by publication and whether the court has approved service by publication of an order issued under this section.

Sec. 7. RCW 40.24.010 and 1991 c 23 s 1 are each amended to read as follows:

The legislature finds that persons attempting to escape from actual or threatened domestic violence or unlawful harassment frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence or unlawful harassment, to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence or unlawful harassment, and to enable state and local agencies to accept a program participant's use of an address designated by the secretary of state as a substitute mailing address.

As used in this section, "unlawful harassment" has the definition in RCW 10.14.020 and includes the crimes in RCW 9A.46.060.