BILL REQ. #:  H-0763.2 

Read first time 02/04/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to temporary orders involving law enforcement officers as respondents; and amending RCW 9.41.800.

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

Sec. 1   RCW 9.41.800 and 2002 c 302 s 704 are each amended to read as follows:
     (1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:
     (a) Require the party to surrender any firearm or other dangerous weapon;
     (b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
     (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
     (d) Prohibit the party from obtaining or possessing a concealed pistol license.
     (2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:
     (a) Require the party to surrender any firearm or other dangerous weapon;
     (b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
     (c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
     (d) Prohibit the party from obtaining or possessing a concealed pistol license.
     (3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
     (4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
     (5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.
     (6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court.
     (7) If the respondent in any request for a temporary order under this section is a general authority or limited authority Washington peace officer, no temporary order issued by the court in advance of a full hearing shall require such officer to surrender any firearm or other weapon issued to the officer to perform his or her official duties.