Brief Description: Providing additional protections for domestic violence victims.

Sponsors: Representatives Pettigrew, Ormsby, Chase, Ericks, Roberts and Wood.

Hearing Date: 2/28/05

Staff: Kara Durbin (786-7133).

Background:

Washington law statutorily defines domestic violence offenses. The statute sets out specific offenses that constitute domestic violence offenses when they are committed by one family or household member against another. Offenses that may be considered domestic violence offenses are assault, malicious mischief, burglary, criminal trespass, coercion, drive-by shooting, reckless endangerment, kidnapping, rape, stalking, violation of certain no-contact orders, and interfering with the reporting of domestic violence.

If a person is arrested for a domestic violence offense, the court may enter a restraining order or no-contact order prohibiting the person who was arrested or charged with a domestic violence offense from having any contact with the victim.

If the court issues or extends a no-contact order at the arraignment, the court may also require the defendant to submit to electronic monitoring. If electronic monitoring is ordered, the court is to specify who is to provide the monitoring. If the defendant is convicted of the offense, the court may order the defendant to pay the costs of the monitoring.

Summary of Bill:

When a person is charged or arrested for a crime involving domestic violence, the court must issue a restraining or protective order prohibiting contact with the victim as a condition of release unless the court finds good cause why the person who has been arrested or charged should have contact with the victim.

If a no-contact order is issued by the court, the court must also require the defendant to submit to electronic monitoring unless the court finds good cause why the electronic monitoring should not be ordered.

Appropriation: None.

Fiscal Note: Requested on February 25, 2005.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.