Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Judiciary Committee | |
HB 1437
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Title: An act relating to sexual assault protection orders.
Brief Description: Concerning fees for petitioners of sexual assault protection orders.
Sponsors: Representatives Eddy, Williams, Lantz, Seaquist, Appleton, Darneille, Rolfes, Lovick, Moeller and Ericks.
Brief Summary of Bill |
|
Hearing Date: 1/30/07
Staff: Trudes Tango (786-7384).
Background:
Last year, the Legislature established a new civil protection order called the sexual assault
protection order. Any person who is a victim of nonconsensual sexual conduct or penetration
that gives rise to a reasonable fear of future dangerous acts may file a petition for a sexual assault
protection order.
Once the court receives the petition, it must order a hearing to be held within 14 days of issuing
its order. The respondent must be personally served by the local sheriff or law enforcement
agency or, if the petitioner prefers, by a private party.
No filing fees may be charged for sexual assault protection order proceedings. The necessary
number of certified copies must be provided free of charge. Currently, there is no prohibition
against the sheriff or law enforcement agency charging a fee for service of process.
Summary of Bill:
The language stating that no filing fees may be charged for sexual assault protection order
proceedings is removed. Instead, a public agency may not charge filing fees or service of
process fees to petitioners seeking relief under a sexual assault protection order. Petitioners must
be provided the necessary number of certified copies at no cost.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.