| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 1555
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: Addressing sexual assault protection orders.
Sponsors: Representatives Williams, Rodne, Lantz, Chase and Ericks.
Brief Summary of Bill |
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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.
Under certain circumstances, a court may issue an ex parte temporary order upon the filing of the
petition. An ex parte temporary order is issued without prior notice to the other party and is
effective for 14 days.
The court must order a hearing to be held no later than 14 days of issuing the ex parte order. The
respondent must be personally served with a copy of the temporary order and notice of the
hearing. The local sheriff or law enforcement agency will serve the respondent unless the
petitioner elects to use a private party.
Temporary and final sexual assault protection orders must describe in detail what the respondent
is refrained from doing and must contain other specific information. The order must also contain
a statement that if the order is an ex parte temporary order, the respondent may reopen the order
if he or she did not receive actual prior notice of the hearing and the respondent alleges that he or
she had a meritorious defense or that the order is not authorized by law.
Either party may file a motion to modify or terminate a sexual assault protection order before the
order expires.
No filing fees may be charged for sexual assault protection order proceedings and certified
copies must be provided free of charge. Currently, there is no prohibition against the sheriff or
law enforcement agency charging the petitioner a fee for service of process.
A domestic violence protection order is a civil remedy when there has been domestic violence
between family or household members. Family or household members includes current and
former spouses, persons who have a child in common, adults who have in the past or are
currently residing together, persons 16 years of age or older who have in the past or currently
have a dating relationship with a person 16 years of age or older, persons who have a biological
or legal parent/child relationship, including stepparents, stepchildren, grandparents, and
grandchildren.
Summary of Bill:
Language is added to explicitly state that a sexual assault protection order is a remedy for
victims who do not qualify for a domestic violence protection order.
A sexual assault protection order no longer needs to contain the statement regarding a respondent
to an ex parte order reopening the order. Language stating that a respondent who appears in
court for an ex parte temporary order may file a general appearance and testify is removed.
No fees for filing or service of process may be charged by a public agency to petitioners seeking
relief under a sexual assault protection order.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.