AN ACT
Relating to restraining orders; amending RCW 26.09.050 and 26.10.040; and
reenacting and amending RCW 10.31.100.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.31.100 and 1993 c 209 s 1 and 1993 c 128 s 5 are each reenacted and amended
to read as follows:
A
police officer having probable cause to believe that a person has committed or
is committing a felony shall have the authority to arrest the person without a
warrant. A police officer may arrest a person without a warrant for committing
a misdemeanor or gross misdemeanor only when the offense is committed in the
presence of the officer, except as provided in subsections (1) through (10) of
this section.
(1)
Any police officer having probable cause to believe that a person has committed
or is committing a misdemeanor or gross misdemeanor, involving physical harm or
threats of harm to any person or property or the unlawful taking of property or
involving the use or possession of cannabis, or involving the acquisition,
possession, or consumption of alcohol by a person under the age of twenty-one
years under RCW 66.44.270 shall have the authority to arrest the person.
(2) A
police officer shall arrest and take into custody, pending release on bail,
personal recognizance, or court order, a person without a warrant when the
officer has probable cause to believe that:
(a) An
order has been issued of which the person has knowledge under RCW 10.99.040(2),
10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.44.063, chapter
26.26 RCW, or chapter 26.50 RCW restraining the person and the person has
violated the terms of the order restraining the person from acts or threats of
violence or excluding the person from a residence or, in the case of an order
issued under RCW 26.44.063, imposing any other restrictions or conditions upon
the person; or
(b)
The person is eighteen years or older and within the preceding four hours has
assaulted that person's spouse, former spouse, or a person eighteen years or
older with whom the person resides or has formerly resided and the officer
believes: (i) A felonious assault has occurred; (ii) an assault has occurred
which has resulted in bodily injury to the victim, whether the injury is
observable by the responding officer or not; or (iii) that any physical action
has occurred which was intended to cause another person reasonably to fear
imminent serious bodily injury or death. Bodily injury means physical pain,
illness, or an impairment of physical condition. When the officer has
probable cause to believe that spouses, former spouses, or other persons who
reside together or formerly resided together have assaulted each other, the
officer is not required to arrest both persons. The officer shall arrest the
person whom the officer believes to be the primary physical aggressor. In
making this determination, the officer shall make every reasonable effort to
consider: (i) The intent to protect victims of domestic violence under RCW
10.99.010; (ii) the comparative extent of injuries inflicted or serious threats
creating fear of physical injury; and (iii) the history of domestic violence
between the persons involved.
(3)
Any police officer having probable cause to believe that a person has committed
or is committing a violation of any of the following traffic laws shall have
the authority to arrest the person:
(a)
RCW 46.52.010, relating to duty on striking an unattended car or other
property;
(b)
RCW 46.52.020, relating to duty in case of injury to or death of a person or
damage to an attended vehicle;
(c)
RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d)
RCW 46.61.502 or 46.61.504, relating to persons under the influence of
intoxicating liquor or drugs;
(e)
RCW 46.20.342, relating to driving a motor vehicle while operator's license is
suspended or revoked;
(f)
RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.
(4) A
law enforcement officer investigating at the scene of a motor vehicle accident
may arrest the driver of a motor vehicle involved in the accident if the
officer has probable cause to believe that the driver has committed in
connection with the accident a violation of any traffic law or regulation.
(5)
Any police officer having probable cause to believe that a person has committed
or is committing a violation of RCW ((88.12.100)) 88.12.025 shall
have the authority to arrest the person.
(6) An
officer may act upon the request of a law enforcement officer in whose presence
a traffic infraction was committed, to stop, detain, arrest, or issue a notice
of traffic infraction to the driver who is believed to have committed the
infraction. The request by the witnessing officer shall give an officer the
authority to take appropriate action under the laws of the state of Washington.
(7)
Any police officer having probable cause to believe that a person has committed
or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may
arrest the person.
(8) A
police officer may arrest and take into custody, pending release on bail,
personal recognizance, or court order, a person without a warrant when the
officer has probable cause to believe that an order has been issued of which
the person has knowledge under chapter 10.14 RCW and the person has violated
the terms of that order.
(9)
Any police officer having probable cause to believe that a person has, within
twenty-four hours of the alleged violation, committed a violation of RCW
9A.50.020 may arrest such person.
(10) A
police officer having probable cause to believe that a person illegally
possesses or illegally has possessed a firearm or other dangerous weapon on
private or public elementary or secondary school premises shall have the
authority to arrest the person.
For
purposes of this subsection, the term "firearm" has the meaning
defined in RCW 9.41.010 and the term "dangerous weapon" has the
meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(11)
Except as specifically provided in subsections (2), (3), (4), and (6) of this
section, nothing in this section extends or otherwise affects the powers of
arrest prescribed in Title 46 RCW.
(12)
No police officer may be held criminally or civilly liable for making an arrest
pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith
and without malice.
Sec.
2. RCW
26.09.050 and 1994 sp.s. c 7 s 451 are each amended to read as follows:
(1)
In entering a decree of dissolution of marriage, legal separation, or
declaration of invalidity, the court shall determine the marital status of the
parties, make provision for a parenting plan for any minor child of the
marriage, make provision for the support of any child of the marriage entitled
to support, consider or approve provision for the maintenance of either spouse,
make provision for the disposition of property and liabilities of the parties,
make provision for the allocation of the children as federal tax exemptions,
make provision for any necessary continuing restraining orders including the
provisions contained in RCW 9.41.800, make provision for the issuance within
this action of the restraint provisions of a domestic violence protection order
under chapter 26.50 RCW or an antiharassment protection order under chapter
10.14 RCW, and make provision for the change of name of any party.
(2)
Restraining orders issued under this section restraining the person from
molesting or disturbing another party or from going onto the grounds of or
entering the home, workplace, or school of the other party or the day care or
school of any child shall prominently bear on the front page of the order the
legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL
OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(3)
The court shall order that any restraining order bearing a criminal offense
legend, any domestic violence protection order, or any antiharassment
protection order granted under this section, in addition to the law enforcement
information sheet or proof of service of the order, 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 forthwith enter the order into any computer-based
criminal intelligence information system available in this state used by law
enforcement agencies to list outstanding warrants. The order is fully
enforceable in any county in the state.
Sec.
3. RCW
26.10.040 and 1994 sp.s. c 7 s 453 are each amended to read as follows:
In
entering an order under this chapter, the court shall consider, approve, or
make provision for:
(1)
Child custody, visitation, and the support of any child entitled to support;
(2)
The allocation of the children as a federal tax exemption; ((and))
(3)
Any necessary continuing restraining orders, including the provisions contained
in RCW 9.41.800;
(4)
A domestic violence protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW. The court may grant
any of the relief provided in RCW 26.50.060 except relief pertaining to
residential provisions for the children which provisions shall be provided for
under this chapter, and any of the relief provided in RCW 10.14.080;
(5)
Restraining orders issued under this section restraining the person from
molesting or disturbing another party or from going onto the grounds of or
entering the home, workplace, or school of the other party or the day care or
school of any child shall prominently bear on the front page of the order the
legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL
OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST;
(6)
The court shall order that any restraining order bearing a criminal offense
legend, any domestic violence protection order, or any antiharassment
protection order granted under this section, in addition to the law enforcement
information sheet or proof of service of the order, 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 forthwith enter the order into any computer-based
criminal intelligence information system available in this state used by law
enforcement agencies to list outstanding warrants. The order is fully
enforceable in any county in the state.
