SSB 5579 -
By Committee on Judiciary
ADOPTED 04/06/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 10.14.150 and 2005 c 196 s 1 are each amended to read
as follows:
(1) The district courts shall have original jurisdiction and
cognizance of any civil actions and proceedings brought under this
chapter, except the district court shall transfer such actions and
proceedings to the superior court when it is shown that (a) the
respondent to the petition is under eighteen years of age; (b) the
action involves title or possession of real property; (c) a superior
court has exercised or is exercising jurisdiction over a proceeding
involving the parties; or (d) the action would have the effect of
interfering with a respondent's care, control, or custody of the
respondent's minor child.
(2) Municipal courts may exercise jurisdiction and cognizance of
any civil actions and proceedings brought under this chapter by
adoption of local court rule, except the municipal court shall transfer
such actions and proceedings to the superior court when it is shown
that (a) the respondent to the petition is under eighteen years of age;
(b) the action involves title or possession of real property; (c) a
superior court has exercised or is exercising jurisdiction over a
proceeding involving the parties; or (d) the action would have the
effect of interfering with a respondent's care, control, or custody of
the respondent's minor child.
(3) Superior courts shall have concurrent jurisdiction to receive
transfer of antiharassment petitions in cases where a district or
municipal court judge makes findings of fact and conclusions of law
showing that meritorious reasons exist for the transfer. The municipal
and district courts shall have jurisdiction and cognizance of any
criminal actions brought under RCW 10.14.120 and 10.14.170.
Sec. 2 RCW 10.14.020 and 2001 c 260 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Unlawful harassment" means a knowing and willful course of
conduct directed at a specific person which seriously alarms, annoys,
harasses, or is detrimental to such person, and which serves no
legitimate or lawful purpose. The course of conduct shall be such as
would cause a reasonable person to suffer substantial emotional
distress, and shall actually cause substantial emotional distress to
the petitioner, or, when the course of conduct would cause a reasonable
parent to fear for the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose. "Course of conduct" includes, in addition to
any other form of communication, contact, or conduct, the sending of an
electronic communication, but does not include constitutionally
protected free speech. Constitutionally protected activity is not
included within the meaning of "course of conduct."
Sec. 3 RCW 10.14.080 and 2001 c 311 s 1 are each amended to read
as follows:
(1) Upon filing a petition for a civil antiharassment protection
order under this chapter, the petitioner may obtain an ex parte
temporary antiharassment protection order. An ex parte temporary
antiharassment protection order may be granted with or without notice
upon the filing of an affidavit which, to the satisfaction of the
court, shows reasonable proof of unlawful harassment of the petitioner
by the respondent and that great or irreparable harm will result to the
petitioner if the temporary antiharassment protection order is not
granted.
(2) An ex parte temporary antiharassment protection order shall be
effective for a fixed period not to exceed fourteen days or twenty-four
days if the court has permitted service by publication under RCW
10.14.085. The ex parte order may be reissued. A full hearing, as
provided in this chapter, shall be set for not later than fourteen days
from the issuance of the temporary order or not later than twenty-four
days if service by publication is permitted. Except as provided in RCW
10.14.070 and 10.14.085, the respondent shall be personally served with
a copy of the ex parte order along with a copy of the petition and
notice of the date set for the hearing. The ex parte order and notice
of hearing shall include at a minimum the date and time of the hearing
set by the court to determine if the temporary order should be made
effective for one year or more, and notice that if the respondent
should fail to appear or otherwise not respond, an order for protection
will be issued against the respondent pursuant to the provisions of
this chapter, for a minimum of one year from the date of the hearing.
The notice shall also include a brief statement of the provisions of
the ex parte order and notify the respondent that a copy of the ex
parte order and notice of hearing has been filed with the clerk of the
court.
(3) At the hearing, if the court finds by a preponderance of the
evidence that unlawful harassment exists, a civil antiharassment
protection order shall issue prohibiting such unlawful harassment.
(4) An order issued under this chapter shall be effective for not
more than one year unless the court finds that the respondent is likely
to resume unlawful harassment of the petitioner when the order expires.
If so, the court may enter an order for a fixed time exceeding one year
or may enter a permanent antiharassment protection order. The court
shall not enter an order that is effective for more than one year if
the order restrains the respondent from contacting the respondent's
minor children. This limitation is not applicable to civil
antiharassment protection orders issued under chapter 26.09, 26.10, or
26.26 RCW. If the petitioner seeks relief for a period longer than one
year on behalf of the respondent's minor children, the court shall
advise the petitioner that the petitioner may apply for renewal of the
order as provided in this chapter or if appropriate may seek relief
pursuant to chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the expiration of
the order, the petitioner may apply for a renewal of the order by
filing a petition for renewal. 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 10.14.085, personal service shall
be made upon 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 by RCW 10.14.085.
If the court permits service by publication, 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 this
section. The court shall grant the petition for renewal unless the
respondent proves by a preponderance of the evidence that the
respondent will not resume harassment of the petitioner 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 subsection
(4) of this section.
(6) The court, in granting an ex parte temporary antiharassment
protection order or a civil antiharassment protection order, shall have
broad discretion to grant such relief as the court deems proper,
including an order:
(a) Restraining the respondent from making any attempts to contact
the petitioner;
(b) Restraining the respondent from making any attempts to keep the
petitioner under surveillance;
(c) Requiring the respondent to stay a stated distance from the
petitioner's residence and workplace; and
(d) Considering the provisions of RCW 9.41.800.
(7) The court in granting an ex parte temporary antiharassment
protection order or a civil antiharassment protection order, shall not
prohibit the respondent from exercising constitutionally protected free
speech. Nothing in this section prohibits the petitioner from
utilizing other civil or criminal remedies to restrain conduct or
communications not otherwise constitutionally protected.
(8) The court in granting an ex parte temporary antiharassment
protection order or a civil antiharassment protection order, shall not
prohibit the respondent from the use or enjoyment of real property to
which the respondent has a cognizable claim unless that order is issued
under chapter 26.09 RCW or under a separate action commenced with a
summons and complaint to determine title or possession of real
property.
(9) The court in granting an ex parte temporary antiharassment
protection order or a civil antiharassment protection order, shall not
limit the respondent's right to care, control, or custody of the
respondent's minor child, unless that order is issued under chapter
13.32A, 26.09, 26.10, or 26.26 RCW.
(10) A petitioner may not obtain an ex parte temporary
antiharassment protection order against a respondent if the petitioner
has previously obtained two such ex parte orders against the same
respondent but has failed to obtain the issuance of a civil
antiharassment protection order unless good cause for such failure can
be shown.
(((8))) (11) The court order shall specify the date an order issued
pursuant to subsections (4) and (5) of this section expires if any.
The court order shall also state whether the court issued the
protection order following personal service or service by publication
and whether the court has approved service by publication of an order
issued under this section.
Sec. 4 RCW 9A.46.040 and 1985 c 288 s 4 are each amended to read
as follows:
(1) Because of the likelihood of repeated harassment directed at
those who have been victims of harassment in the past, when any
defendant charged with a crime involving harassment is released from
custody before trial on bail or personal recognizance, the court
authorizing the release may require that the defendant:
(a) Stay away from the home, school, business, or place of
employment of the victim or victims of the alleged offense or other
location, as shall be specifically named by the court in the order;
(b) Refrain from contacting, intimidating, threatening, or
otherwise interfering with the victim or victims of the alleged offense
and such other persons, including but not limited to members of the
family or household of the victim, as shall be specifically named by
the court in the order.
(2) An intentional violation of a court order issued under this
section or an equivalent local ordinance is a misdemeanor. The written
order releasing the defendant shall contain the court's directives and
shall bear the legend: Violation of this order is a criminal offense
under chapter 9A.46 RCW. A certified copy of the order shall be
provided to the victim by the clerk of the court.
Sec. 5 RCW 9A.46.080 and 1985 c 288 s 8 are each amended to read
as follows:
The victim shall be informed by local law enforcement agencies or
the prosecuting attorney of the final disposition of the case in which
the victim is involved. If a defendant is found guilty of a crime of
harassment and a condition of the sentence restricts the defendant's
ability to have contact with the victim or witnesses, the condition
shall be recorded and a written certified copy of that order shall be
provided to the victim or witnesses by the clerk of the court. Willful
violation of a court order issued under this section or an equivalent
local ordinance is a misdemeanor. The written order shall contain the
court's directives and shall bear the legend: Violation of this order
is a criminal offense under chapter 9A.46 RCW and will subject a
violator to arrest.
NEW SECTION. Sec. 6 A new section is added to chapter 10.14 RCW
to read as follows:
Before granting an order under this chapter, the court may consult
the judicial information system, if available, to determine criminal
history or the pendency of other proceedings involving the parties."
Correct the title.
EFFECT: (1) Changes the amendatory language regarding district
court jurisdiction from "exclusive original jurisdiction" to "original
jurisdiction."
(2) Specifies that the term "code of conduct" in relation to
unlawful harassment does not include constitutionally protected free
speech (rather than communication with third parties).
(3) Prohibits the court from restricting the respondent's
constitutionally protected free speech (rather than clearly prohibiting
the court from restricting the respondent's communications with third
parties).
(4) Removes the section repealing the current statute that grants
filing fee exemptions for certain petitioners seeking a civil
antiharassment protection order.