BILL REQ. #:  H-3544.1 



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HOUSE BILL 2398
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State of Washington58th Legislature2004 Regular Session

By Representatives Upthegrove, Delvin, Dickerson, Chase, Schual-Berke, Hudgins, Kessler and Morrell

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.

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