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.
