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
  • Prohibits a public agency from charging a petitioner filing fees or service of process fees in sexual assault protection order proceedings.

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.