S-2259.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 6028

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Schow and Roach)

Read first time 03/01/95.

Concerning harassment of a child by a person over age eighteen.

     AN ACT Relating to harassment; and amending RCW 10.14.020 and 10.14.040.

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

     Sec. 1.  RCW 10.14.020 and 1987 c 280 s 2 are each amended to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Unlawful harassment" means a knowing and wilful course of conduct directed at a specific person which seriously alarms, annoys, ((or)) harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose.  The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct is contact by a person over age eighteen that would cause a reasonable parent to fear for the well-being of their child.

     (2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.  Constitutionally protected activity is not included within the meaning of "course of conduct."

     Sec. 2.  RCW 10.14.040 and 1987 c 280 s 4 are each amended to read as follows:

     There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.

     (1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

     (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) All court clerks' offices shall make available simplified forms and instructional brochures.  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) No filing fee may be charged for a petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought.  Forms and instructional brochures 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) The parent or guardian of a child under age eighteen may petition for an order of protection to restrain a person over age eighteen from contact with that child upon a showing that contact with the person to be enjoined is detrimental to the welfare of the child.

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