BILL REQ. #:  H-1079.1 

Read first time 01/22/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to sexual assault protection orders; and amending RCW 7.90.005, 7.90.030, 7.90.110, 7.90.130, and 7.90.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 7.90.005 and 2006 c 138 s 1 are each amended to read as follows:
     Sexual assault is the most heinous crime against another person short of murder. Sexual assault inflicts humiliation, degradation, and terror on victims. According to the FBI, a woman is raped every six minutes in the United States. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. Victims who do not report the crime still desire safety and protection from future interactions with the offender. Some cases in which the rape is reported are not prosecuted. In these situations, the victim should be able to seek a civil remedy requiring that the offender stay away from the victim. It is the intent of the legislature that the sexual assault protection order created by this chapter be a remedy for victims who do not qualify for a domestic violence order of protection.

Sec. 2   RCW 7.90.030 and 2006 c 138 s 3 are each amended to read as follows:
     (1) A petition for a sexual assault protection order may be filed by a person:
     (((1))) (a) Who does not qualify for a protection order under chapter 26.50 RCW and who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration, including a single incident of nonconsensual sexual conduct or nonconsensual sexual penetration; or
     (((2))) (b) On behalf of any of the following persons who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration and who does not qualify for a protection order under chapter 26.50 RCW:
     (((a))) (i) A minor child;
     (((b))) (ii) A vulnerable adult as defined in RCW 74.34.020 or 74.34.021; or
     (((c))) (iii) Any other adult who, because of age, disability, health, or inaccessibility, cannot file the petition.

Sec. 3   RCW 7.90.110 and 2006 c 138 s 12 are each amended to read as follows:
     (1) An ex parte temporary sexual assault protection order shall issue if the petitioner satisfies the requirements of this subsection by a preponderance of the evidence. The petitioner shall establish that:
     (a) The petitioner has been a victim of nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent; and
     (b) There is good cause to grant the remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
     (2) ((If the respondent appears in court for this hearing for an ex parte temporary order, he or she may elect to file a general appearance and testify. Any resulting order may be an ex parte temporary order, governed by this section.
     (3))) If the court declines to issue an ex parte temporary sexual assault protection order, the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte (([temporary])) temporary order shall be filed with the court.
     (((4))) (3) A knowing violation of a court order issued under this section is punishable under RCW 26.50.110.

Sec. 4   RCW 7.90.130 and 2006 c 138 s 14 are each amended to read as follows:
     (1) Any sexual assault protection order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing.
     (2) A sexual assault protection order shall further state the following:
     (a) The name of each petitioner that the court finds was the victim of nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent;
     (b) The date and time the sexual assault protection order was issued, whether it is an ex parte temporary or final order, and the duration of the order;
     (c) The date, time, and place for any scheduled hearing for renewal of that sexual assault protection order or for another order of greater duration or scope;
     (d) For each remedy in an ex parte temporary sexual assault protection order, the reason for entering that remedy without prior notice to the respondent or greater notice than was actually given((;
     (e) For ex parte temporary sexual assault protection orders, that the respondent may petition the court, to reopen the order if he or she did not receive actual prior notice of the hearing and if the respondent alleges that he or she had a meritorious defense to the order or that the order or its remedy is not authorized by this chapter)).
     (3) A sexual assault protection order shall include the following notice, printed in conspicuous type: "A knowing violation of this sexual assault protection order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."

Sec. 5   RCW 7.90.140 and 2006 c 138 s 15 are each amended to read as follows:
     (1) An order issued under this chapter shall be personally served upon the respondent, except as provided in subsection (6) of this section.
     (2) The sheriff of the county or the peace officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party.
     (3) If service by a sheriff or municipal peace officer is to be used, the clerk of the court shall have a copy of any order issued under this chapter forwarded on or before the next judicial day to the appropriate law enforcement agency specified in the order for service upon the respondent. Service of an order issued under this chapter shall take precedence over the service of other documents unless they are of a similar emergency nature.
     (4) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff or municipal peace officer shall notify the petitioner. The petitioner shall provide information sufficient to permit notification.
     (5) Returns of service under this chapter shall be made in accordance with the applicable court rules.
     (6) If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.
     (7) No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this chapter.