H‑0433.1   _____________________________________________

HOUSE BILL 1041

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Ballasiotes, O'Brien, Lambert, Ruderman, Woods and Hurst

Read first time 01/12/2001.  Referred to Committee on Juvenile Justice.

_1      AN ACT Relating to protection orders for unlawful harassment;

_2  amending RCW 10.14.020; and reenacting and amending RCW 10.14.040.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 10.14.020 and 1999 c 27 s 4 are each amended to read

_5  as follows:

_6      Unless the context clearly requires otherwise, the definitions

_7  in this section apply throughout this chapter.

_8      (1) "Unlawful harassment" means a knowing and willful course of

_9  conduct directed at a specific person which seriously alarms,

10  annoys, harasses, or is detrimental to such person, and which

11  serves no legitimate or lawful purpose.  The course of conduct shall

12  be such as would cause a reasonable person to suffer substantial

13  emotional distress, and shall actually cause substantial emotional

14  distress to the petitioner, or, when the course of conduct ((is

15  contact by a person over age eighteen that)) would cause a

16  reasonable parent to fear for the well-being of their child.

17      (2) "Course of conduct" means a pattern of conduct composed of

18  a series of acts over a period of time, however short, evidencing

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_1  a continuity of purpose.  "Course of conduct" includes, in addition

_2  to any other form of communication, contact, or conduct, the

_3  sending of an electronic communication.  Constitutionally protected

_4  activity is not included within the meaning of "course of

_5  conduct."

_6      Sec. 2.  RCW 10.14.040 and 1995 c 292 s 2 and 1995 c 127 s 2 are

_7  each reenacted and amended to read as follows:

_8      There shall exist an action known as a petition for an order

_9  for protection in cases of unlawful harassment.

10      (1) A petition for relief shall allege the existence of

11  harassment and shall be accompanied by an affidavit made under

12  oath stating the specific facts and circumstances from which

13  relief is sought.

14      (2) A petition for relief may be made regardless of whether or

15  not there is a pending lawsuit, complaint, petition, or other

16  action between the parties.

17      (3) All court clerks' offices shall make available simplified

18  forms and instructional brochures.  Any assistance or information

19  provided by clerks under this section does not constitute the

20  practice of law and clerks are not responsible for incorrect

21  information contained in a petition.

22      (4) Filing fees are set in RCW 36.18.020, but no filing fee may

23  be charged for a petition filed in an existing action or under an

24  existing cause number brought under this chapter in the

25  jurisdiction where the relief is sought.  Forms and instructional

26  brochures shall be provided free of charge.

27      (5) A person is not required to post a bond to obtain relief in

28  any proceeding under this section.

29      (6) The parent or guardian of a child under age eighteen may

30  petition for an order of protection to restrain a person ((over

31  age eighteen)) from contact with that child upon a showing that

32  contact with the person to be enjoined is detrimental to the

33  welfare of the child.

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