BILL REQ. #:  S-0853.1 

Read first time 01/26/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to sexual assault protection orders; amending RCW 7.90.020; and adding a new section to chapter 7.90 RCW.

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

Sec. 1   RCW 7.90.020 and 2006 c 138 s 5 are each amended to read as follows:
     There shall exist an action known as a petition for a sexual assault protection order.
     (1) A petition for relief shall allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration, and shall be accompanied by an affidavit made under oath stating the specific statements or actions made at the same time of the sexual assault or subsequently thereafter, which give rise to a reasonable fear of future dangerous acts, for which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation or of any other restraining, protection, or no-contact orders between the parties.
     (2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
     (3) Within ninety days of receipt of the master copy from the administrative office of the courts, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by RCW 7.90.180 and shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
     (4) ((No filing fee may be charged for proceedings under this chapter.)) Forms and instructional brochures and the necessary number of certified copies shall be provided free of charge.
     (5) A person is not required to post a bond to obtain relief in any proceeding under this section.
     (6) If the petition states that disclosure of the petitioner's address would risk abuse of the petitioner or any member of the petitioner's family or household, that address may be omitted from all documents filed with the court. If the petitioner has not disclosed an address under this subsection, the petitioner shall designate an alternative address at which the respondent may serve notice of any motions.

NEW SECTION.  Sec. 2   A new section is added to chapter 7.90 RCW to read as follows:
     No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this chapter. Petitioners shall be provided the necessary number of certified copies at no cost.