BILL REQ. #: H-3544.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/13/2004. Referred to Committee on Juvenile Justice & Family Law.
AN ACT Relating to providing notice of a modification or termination of a protection order; and amending RCW 26.50.130.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 26.50.130 and 1984 c 263 s 14 are each amended to read
as follows:
(1) Upon application with notice to all parties and after a
hearing, the court may modify the terms of an existing order for
protection. Except as provided in RCW 26.50.085 and 26.50.123,
personal service shall be made upon the respondent not less than five
court days prior to the hearing to modify. If timely personal service
cannot be made, the court shall set a new hearing date and shall either
require additional attempts at obtaining personal service or permit
service by publication as provided in RCW 26.50.085 or service by mail
as provided in RCW 26.50.123. If the court permits service by
publication or by mail, the court shall set the hearing date not later
than twenty-four days from the date of the order permitting service by
publication or by mail.
(2) In any situation where an order is terminated or modified
before its expiration date, the clerk of the court shall forward on or
before the next judicial day a true copy of the modified order or the
termination order to the appropriate law enforcement agency specified
in the modified or termination order. Upon receipt of the order, the
law enforcement agency shall promptly enter it in the law enforcement
information system.