HB 1148 -
By Committee on Judiciary
ADOPTED 04/17/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that considerable
research shows a strong correlation between animal abuse, child abuse,
and domestic violence. The legislature intends that perpetrators of
domestic violence not be allowed to further terrorize and manipulate
their victims, or the children of their victims, by using the threat of
violence toward pets.
Sec. 2 RCW 26.50.060 and 2000 c 119 s 15 are each amended to read
as follows:
(1) Upon notice and after hearing, the court may provide relief as
follows:
(a) Restrain the respondent from committing acts of domestic
violence;
(b) Exclude the respondent from the dwelling that the parties
share, from the residence, workplace, or school of the petitioner, or
from the day care or school of a child;
(c) Prohibit the respondent from knowingly coming within, or
knowingly remaining within, a specified distance from a specified
location;
(d) On the same basis as is provided in chapter 26.09 RCW, the
court shall make residential provision with regard to minor children of
the parties. However, parenting plans as specified in chapter 26.09
RCW shall not be required under this chapter;
(e) Order the respondent to participate in a domestic violence
perpetrator treatment program approved under RCW 26.50.150;
(f) Order other relief as it deems necessary for the protection of
the petitioner and other family or household members sought to be
protected, including orders or directives to a peace officer, as
allowed under this chapter;
(g) Require the respondent to pay the administrative court costs
and service fees, as established by the county or municipality
incurring the expense and to reimburse the petitioner for costs
incurred in bringing the action, including reasonable attorneys' fees;
(h) Restrain the respondent from having any contact with the victim
of domestic violence or the victim's children or members of the
victim's household;
(i) Require the respondent to submit to electronic monitoring. The
order shall specify who shall provide the electronic monitoring
services and the terms under which the monitoring must be performed.
The order also may include a requirement that the respondent pay the
costs of the monitoring. The court shall consider the ability of the
respondent to pay for electronic monitoring;
(j) Consider the provisions of RCW 9.41.800;
(k) Order possession and use of essential personal effects. The
court shall list the essential personal effects with sufficient
specificity to make it clear which property is included. Personal
effects may include pets. The court may order that a petitioner be
granted the exclusive custody or control of any pet owned, possessed,
leased, kept, or held by the petitioner, respondent, or minor child
residing with either the petitioner or respondent and may prohibit the
respondent from interfering with the petitioner's efforts to remove the
pet. The court may also prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified distance of
specified locations where the pet is regularly found; and
(l) Order use of a vehicle.
(2) If a protection order restrains the respondent from contacting
the respondent's minor children the restraint shall be for a fixed
period not to exceed one year. This limitation is not applicable to
orders for protection issued under chapter 26.09, 26.10, or 26.26 RCW.
With regard to other relief, if the petitioner has petitioned for
relief on his or her own behalf or on behalf of the petitioner's family
or household members or minor children, and the court finds that the
respondent is likely to resume acts of domestic violence against the
petitioner or the petitioner's family or household members or minor
children when the order expires, the court may either grant relief for
a fixed period or enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the
respondent's minor children, the court shall advise the petitioner that
if the petitioner wants to continue protection for a period beyond one
year the petitioner may either petition for renewal pursuant to the
provisions of this chapter or may seek relief pursuant to the
provisions of chapter 26.09 or 26.26 RCW.
(3) If the court grants an order for a fixed time period, the
petitioner may apply for renewal of the order by filing a petition for
renewal at any time within the three months before the order expires.
The petition for renewal shall state the reasons why the petitioner
seeks to renew the protection order. Upon receipt of the petition for
renewal the court shall order a hearing which shall be not later than
fourteen days from the date of the order. Except as provided in RCW
26.50.085, personal service shall be made on the respondent not less
than five days before the hearing. If timely service cannot be made
the court shall set a new hearing date and shall either require
additional attempts at obtaining personal service or permit service by
publication as provided in RCW 26.50.085 or by mail as provided in RCW
26.50.123. If the court permits service by publication or mail, the
court shall set the new hearing date not later than twenty-four days
from the date of the order. If the order expires because timely
service cannot be made the court shall grant an ex parte order of
protection as provided in RCW 26.50.070. The court shall grant the
petition for renewal unless the respondent proves by a preponderance of
the evidence that the respondent will not resume acts of domestic
violence against the petitioner or the petitioner's children or family
or household members when the order expires. The court may renew the
protection order for another fixed time period or may enter a permanent
order as provided in this section. The court may award court costs,
service fees, and reasonable attorneys' fees as provided in subsection
(1)(((f))) (g) of this section.
(4) In providing relief under this chapter, the court may realign
the designation of the parties as "petitioner" and "respondent" where
the court finds that the original petitioner is the abuser and the
original respondent is the victim of domestic violence and may issue an
ex parte temporary order for protection in accordance with RCW
26.50.070 on behalf of the victim until the victim is able to prepare
a petition for an order for protection in accordance with RCW
26.50.030.
(5) Except as provided in subsection (4) of this section, no order
for protection shall grant relief to any party except upon notice to
the respondent and hearing pursuant to a petition or counter-petition
filed and served by the party seeking relief in accordance with RCW
26.50.050.
(6) The court order shall specify the date the order expires if
any. The court order shall also state whether the court issued the
protection order following personal service, service by publication, or
service by mail and whether the court has approved service by
publication or mail of an order issued under this section.
(7) If the court declines to issue an order for protection or
declines to renew an order for protection, the court shall state in
writing on the order the particular reasons for the court's denial.
Sec. 3 RCW 26.50.110 and 2007 c 173 s 2 are each amended to read
as follows:
(1)(a) Whenever an order is granted under this chapter, chapter
7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid
foreign protection order as defined in RCW 26.52.020, and the
respondent or person to be restrained knows of the order, a violation
of any of the following provisions of the order is a gross misdemeanor,
except as provided in subsections (4) and (5) of this section:
(i) The restraint provisions prohibiting acts or threats of
violence against, or stalking of, a protected party, or restraint
provisions prohibiting contact with a protected party;
(ii) A provision excluding the person from a residence, workplace,
school, or day care;
(iii) A provision prohibiting a person from knowingly coming
within, or knowingly remaining within, a specified distance of a
location; ((or))
(iv) A provision prohibiting interfering with the protected party's
efforts to remove a pet owned, possessed, leased, kept, or held by the
petitioner, respondent, or a minor child residing with either the
petitioner or the respondent; or
(v) A provision of a foreign protection order specifically
indicating that a violation will be a crime.
(b) Upon conviction, and in addition to any other penalties
provided by law, the court may require that the respondent submit to
electronic monitoring. The court shall specify who shall provide the
electronic monitoring services, and the terms under which the
monitoring shall be performed. The order also may include a
requirement that the respondent pay the costs of the monitoring. The
court shall consider the ability of the convicted person to pay for
electronic monitoring.
(2) A peace officer shall arrest without a warrant and take into
custody a person whom the peace officer has probable cause to believe
has violated an order issued under this chapter, chapter 7.90, 10.99,
26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order
as defined in RCW 26.52.020, that restrains the person or excludes the
person from a residence, workplace, school, or day care, or prohibits
the person from knowingly coming within, or knowingly remaining within,
a specified distance of a location, if the person restrained knows of
the order. Presence of the order in the law enforcement computer-based
criminal intelligence information system is not the only means of
establishing knowledge of the order.
(3) A violation of an order issued under this chapter, chapter
7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign
protection order as defined in RCW 26.52.020, shall also constitute
contempt of court, and is subject to the penalties prescribed by law.
(4) Any assault that is a violation of an order issued under this
chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of
a valid foreign protection order as defined in RCW 26.52.020, and that
does not amount to assault in the first or second degree under RCW
9A.36.011 or 9A.36.021 is a class C felony, and any conduct in
violation of such an order that is reckless and creates a substantial
risk of death or serious physical injury to another person is a class
C felony.
(5) A violation of a court order issued under this chapter, chapter
7.90, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign
protection order as defined in RCW 26.52.020, is a class C felony if
the offender has at least two previous convictions for violating the
provisions of an order issued under this chapter, chapter 7.90, 10.99,
26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order
as defined in RCW 26.52.020. The previous convictions may involve the
same victim or other victims specifically protected by the orders the
offender violated.
(6) Upon the filing of an affidavit by the petitioner or any peace
officer alleging that the respondent has violated an order granted
under this chapter, chapter 7.90, 10.99, 26.09, 26.10, 26.26, or 74.34
RCW, or a valid foreign protection order as defined in RCW 26.52.020,
the court may issue an order to the respondent, requiring the
respondent to appear and show cause within fourteen days why the
respondent should not be found in contempt of court and punished
accordingly. The hearing may be held in the court of any county or
municipality in which the petitioner or respondent temporarily or
permanently resides at the time of the alleged violation."
HB 1148 -
By Committee on Judiciary
ADOPTED 04/17/2009
On page 1, line 2 of the title, after "violence;" strike the remainder of the title and insert "amending RCW 26.50.060 and 26.50.110; and creating a new section."
EFFECT: Provides consistency between the kind of conduct the court is authorized to prohibit in a protection order regarding pets, and the kind of conduct that violates the order and is defined as a gross misdemeanor.