Z-0636.2  _______________________________________________

                          HOUSE BILL 2169

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Kessler, Lisk and Kenney; by request of Washington State Patrol

Read first time 02/17/1999.  Referred to Committee on Criminal Justice & Corrections.

Creating an order for protection in cases of unlawful harassment of an elected official.

    AN ACT Relating to unlawful harassment; and adding a new chapter to Title 7 RCW.

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

NEW SECTION. Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Elected official" means a state or local government official who is elected to office.

    (2) "Unlawful harassment" means knowing and willful conduct directed at an elected official that seriously alarms, harasses, or is detrimental to the official, or the official's staff or family, and serves no legitimate or lawful purpose.  The conduct shall be such as would cause a reasonable person to suffer substantial emotional distress or is of significant concern to law enforcement representatives in the elected official's jurisdiction.

NEW SECTION. Sec. 2.  In determining whether the conduct serves any legitimate or lawful purpose, the court should consider whether:

    (1) The respondent's conduct appears designed to alarm, harass, or threaten the elected official, the official's family, or staff members;

    (2) The respondent's conduct has the purpose or effect of unreasonably interfering with the official's privacy or the purpose or effect of creating an intimidating, hostile, or offensive living or working environment for the elected official, the official's family, or staff members; and

    (3) Law enforcement representatives in either the jurisdiction where the conduct occurs or where the elected official is located have legitimate and factually based security concerns for the elected official, the official's family, or staff members.

NEW SECTION. Sec. 3.  A petition for an order for protection may be brought in cases of unlawful harassment of an elected official.

    (1) A petition for an order for protection filed by the elected official or a law enforcement representative with jurisdiction where the official is located or where the conduct occurs, shall allege the existence of harassment or threat and shall be accompanied by an affidavit made under oath by either the elected official or the elected official's law enforcement representative stating the specific facts and circumstances from which relief is sought.

    (2) Filing fees are set in RCW 36.18.020.

    (3) A person is not required to post a bond to obtain relief in any proceeding under this section.

    (4) Proceedings under this chapter are governed by the provisions set forth in RCW 10.14.070 through 10.14.190.

NEW SECTION. Sec. 4.  Sections 1 through 3 of this act constitute a new chapter in Title 7 RCW.

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