SENATE BILL REPORT

                   SB 6359

              As Reported By Senate Committee On:

                  Judiciary, February 4, 2000

Title:  An act relating to personal information entered into the judicial information system for purposes of issuing protection orders.

Brief Description:  Limiting personal information entered into the judicial information system for purposes of issuing protection orders.

Sponsors:  Senators Costa, McCaslin, Kline, Long, Heavey, Brown, Prentice, Fairley, McAuliffe, Franklin, Kohl‑Welles, Sheahan, Haugen, Spanel, Rasmussen and Gardner.

Brief History:

Committee Activity:  Judiciary:  2/4/2000 [DPS].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 6359 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Hargrove, Haugen, Long and Thibaudeau.

Staff:  Aldo Melchiori (786-7439)

Background:  In cases of domestic violence, a person may petition the court for an order of protection.  Both parties are required to disclose the existence of any other litigation concerning the custody or residential placement of a child of the parties and the existence of any other restraining, protection, or no-contact orders between the parties.  To further prevent the issuance of competing protection orders and assist the courts, the judicial information system includes a database containing specified information and other information deemed relevant and necessary.

Summary of Substitute Bill:  The provision that any other relevant and necessary information must be entered in the database is eliminated.  The information entered is limited to the names of the parties, the cause number for every potentially competing order or action, the criminal history of the parties, birth dates and the contact addresses of the parties.  Addresses assigned through the address confidentiality program may be used as contact addresses.  No other personally identifying information may be entered into the database.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The purpose of the database is only to prevent competing orders.  Judges have additional information from other sources.  Some information now included could be dangerous for domestic violence victims if disclosed.

Testimony Against:  The Legislature should not dictate what information a judge may use.

Testified:  PRO:  Senator Costa, prime sponsor; Betty Gould, Thurston County Clerk; Pam Daniels, Snohomish County Clerk; CON:  Chick Foster.