State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to protecting victims of domestic violence and harassment; amending RCW 9A.46.040, 9A.46.080, 10.99.040, 26.09.013, 43.235.040, and 43.235.050; adding a new section to chapter 10.14 RCW; adding a new section to chapter 26.12 RCW; adding new sections to chapter 26.50 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.46.040 and 2011 c 307 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)) Willful violation of a court order issued
under this section or an equivalent local ordinance is a gross
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. 2 RCW 9A.46.080 and 2011 c 307 s 5 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 gross 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.
Sec. 3 RCW 10.99.040 and 2010 c 274 s 309 are each amended to
read as follows:
(1) Because of the serious nature of domestic violence, the court
in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of
concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a
dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be
disclosed to any person, other than the attorney of a criminal
defendant, upon a showing that there is a possibility of further
violence: PROVIDED, That the court may order a criminal defense
attorney not to disclose to his or her client the victim's location;
and
(d) Shall identify by any reasonable means on docket sheets those
criminal actions arising from acts of domestic violence.
(2)(a) Because of the likelihood of repeated violence directed at
those who have been victims of domestic violence in the past, when any
person charged with or arrested for a crime involving domestic violence
is released from custody before arraignment or trial on bail or
personal recognizance, the court authorizing the release may prohibit
that person from having any contact with the victim. The jurisdiction
authorizing the release shall determine whether that person should be
prohibited from having any contact with the victim. If there is no
outstanding restraining or protective order prohibiting that person
from having contact with the victim, the court authorizing release may
issue, by telephone, a no-contact order prohibiting the person charged
or arrested from having contact with the victim or from knowingly
coming within, or knowingly remaining within, a specified distance of
a location.
(b) In issuing the order, the court shall consider the provisions
of RCW 9.41.800.
(c) The no-contact order shall also be issued in writing as soon as
possible. By January 1, 2011, the administrative office of the courts
shall develop a pattern form for all no-contact orders issued under
this chapter. A no-contact order issued under this chapter must
substantially comply with the pattern form developed by the
administrative office of the courts.
(3) At the time of arraignment the court shall determine whether a
no-contact order shall be issued or extended. So long as the court
finds probable cause, the court may issue or extend a no-contact order
even if the defendant fails to appear at arraignment. The no-contact
order shall terminate if the defendant is acquitted or the charges are
dismissed. If a no-contact order is issued or extended, the court may
also include in the conditions of release a requirement that the
defendant submit to electronic monitoring. If electronic monitoring is
ordered, the court shall specify who shall provide the monitoring
services, and the terms under which the monitoring shall be performed.
Upon conviction, the court may require as a condition of the sentence
that the defendant reimburse the providing agency for the costs of the
electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection
(2) ((or)), (3), or (7) of this section is punishable under RCW
26.50.110.
(b) The written order releasing the person charged or arrested
shall contain the court's directives and shall bear the legend:
"Violation of this order is a criminal offense under chapter 26.50 RCW
and will subject a violator to arrest; any assault, drive-by shooting,
or reckless endangerment that is a violation of this order is a felony.
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."
(c) A certified copy of the order shall be provided to the victim.
(5) If a no-contact order has been issued prior to charging, that
order shall expire at arraignment or within seventy-two hours if
charges are not filed. ((Such orders need not be entered into the
computer-based criminal intelligence information system in this state
which is used by law enforcement agencies to list outstanding
warrants.))
(6) Whenever a no-contact order is issued, modified, or terminated
under subsection (2) or (3) of this section, the clerk of the court
shall forward a copy of the order on or before the next judicial day to
the appropriate law enforcement agency specified in the order. Upon
receipt of the copy of the order the law enforcement agency shall enter
the order for one year or until the expiration date specified on the
order into any computer-based criminal intelligence information system
available in this state used by law enforcement agencies to list
outstanding warrants. Entry into the computer-based criminal
intelligence information system constitutes notice to all law
enforcement agencies of the existence of the order. The order is fully
enforceable in any jurisdiction in the state. Upon receipt of notice
that an order has been terminated under subsection (3) of this section,
the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
(7) All courts shall develop policies and procedures by January 1,
2011, to grant victims a process to modify or rescind a no-contact
order issued under this chapter. The administrative office of the
courts shall develop a model policy to assist the courts in
implementing the requirements of this subsection.
NEW SECTION. Sec. 4 A new section is added to chapter 10.14 RCW
to read as follows:
(1) A defendant arrested for violating any civil antiharassment
protection order issued pursuant to this chapter is required to appear
in person before a magistrate within one judicial day after the arrest.
At the time of the appearance, the court shall determine the necessity
of imposing a no-contact order or other conditions of pretrial release
in accordance with RCW 9A.46.050.
(2) A defendant who is charged by citation, complaint, or
information with violating any civil antiharassment protection order
issued pursuant to this chapter and not arrested shall appear in court
for arraignment in accordance with RCW 9A.46.050.
(3) Appearances required pursuant to this section are mandatory and
cannot be waived.
Sec. 5 RCW 26.09.013 and 2007 c 496 s 401 are each amended to
read as follows:
In order to provide judicial officers with better information and
to facilitate decision making which allows for the protection of
children from physical, mental, or emotional harm and in order to
facilitate consistent healthy contact between both parents and their
children:
(1) Parties and witnesses who require the assistance of
interpreters shall be provided access to qualified interpreters
pursuant to chapter 2.42 or 2.43 RCW. To the extent practicable and
within available resources, interpreters shall also be made available
at dissolution-related proceedings.
(2) Parties and witnesses who require literacy assistance shall be
referred to the multipurpose service centers established in chapter
28B.04 RCW.
(3) In matters involving guardians ad litem((s)), the court shall
specify the hourly rate the guardian ad litem may charge for his or her
services, and shall specify the maximum amount the guardian ad litem
may charge without additional review. Counties may, and to the extent
state funding is provided therefor counties shall, provide indigent
parties with guardian ad litem services at a reduced or waived fee.
(4) Parties may request to participate by telephone or interactive
videoconference. The court may allow telephonic or interactive
videoconference participation of one or more parties at any proceeding
in its discretion. The court may also allow telephonic or interactive
videoconference participation of witnesses.
(5) In cases involving domestic violence or child abuse, if
residential time is ordered, the court may:
(a) Order exchange of a child to occur in a protected setting;
(b) Order residential time supervised by a neutral and independent
adult and pursuant to an adequate plan for supervision of such
residential time. The court shall not approve of a supervisor for
contact between the child and the parent unless the supervisor is
willing to and capable of protecting the child from harm. The court
shall revoke court approval of the supervisor if the court determines,
after a hearing, that the supervisor has failed to protect the child or
is no longer willing or capable of protecting the child. If the court
allows a family or household member to supervise residential time, the
court shall establish conditions to be followed during residential
time.
(6) In cases involving domestic violence or child abuse, the court
may not require a victim of domestic violence or the custodial parent
of a victim of child abuse to disclose to the other party information
that would reasonably be expected to enable the perpetrator of domestic
violence or child abuse to obtain previously undisclosed information
regarding the name, location, or address of a victim's residence,
employer, or school.
(7) In cases in which the court finds that the parties do not have
a satisfactory history of cooperation or there is a high level of
parental conflict, the court may order the parties to use supervised
visitation and safe exchange centers or alternative safe locations to
facilitate the exercise of residential time.
Sec. 6 RCW 43.235.040 and 2000 c 50 s 4 are each amended to read
as follows:
(1) An oral or written communication or a document shared within or
produced by a ((regional)) domestic violence fatality review panel
related to a domestic violence fatality review is confidential and not
subject to disclosure or discoverable by a third party. An oral or
written communication or a document provided by a third party to a
((regional)) domestic violence fatality review panel, or between a
third party and a ((regional)) domestic violence fatality review panel
is confidential and not subject to disclosure or discovery by a third
party. Notwithstanding the foregoing, recommendations from the
((regional)) domestic violence fatality review panel and the
coordinating entity generally may be disclosed minus personal
identifiers.
(2) The ((regional)) review panels, only to the extent otherwise
permitted by law or court rule, shall have access to information and
records regarding the domestic violence victims and perpetrators under
review held by domestic violence perpetrators' treatment providers;
dental care providers; hospitals, medical providers, and pathologists;
coroners and medical examiners; mental health providers; lawyers; the
state and local governments; the courts; and employers. The
coordinating entity and the ((regional)) review panels shall maintain
the confidentiality of such information to the extent required by any
applicable law.
(3) The ((regional)) review panels shall review, only to the extent
otherwise permitted by law or court rule when determined to be relevant
and necessary to an investigation, guardian ad litem reports, parenting
evaluations, and victim impact statements; probation information;
mental health evaluations done for court; presentence interviews and
reports, and any recommendations made regarding bail and release on own
recognizance; child protection services, welfare, and other information
held by the department; any law enforcement incident documentation,
such as incident reports, dispatch records, victim, witness, and
suspect statements, and any supplemental reports, probable cause
statements, and 911 call taker's reports; corrections and postsentence
supervision reports; and any other information determined to be
relevant to the review. The coordinating entity and the ((regional))
review panels shall maintain the confidentiality of such information to
the extent required by any applicable law.
Sec. 7 RCW 43.235.050 and 2000 c 50 s 5 are each amended to read
as follows:
If acting in good faith, without malice, and within the parameters
of this chapter and the protocols established, representatives of the
coordinating entity and the statewide and regional domestic violence
fatality review panels are immune from civil liability for an activity
related to reviews of particular fatalities.
NEW SECTION. Sec. 8 A new section is added to chapter 26.12 RCW
to read as follows:
The court shall act in accordance with the requirements of the
address confidentiality program pursuant to chapter 40.24 RCW in the
course of all proceedings under this title. A court order for address
confidentiality program participant information may only be issued upon
completing the requirements of RCW 40.24.075.
NEW SECTION. Sec. 9 A new section is added to chapter 26.50 RCW
to read as follows:
(1) Except as otherwise provided in subsection (2) of this section,
no court or administrative body may compel any person or domestic
violence program as defined in RCW 70.123.020 to disclose the name,
address, or location of any domestic violence program, including a
shelter or transitional housing facility location in any civil or
criminal case or in any administrative proceeding.
(2)(a) A court may compel disclosure of the name, address, or
location of a domestic violence program only if the court finds,
following a hearing, that there is clear and convincing evidence that
failure to disclose would be likely to result in an imminent risk of
serious bodily harm or death to a domestic violence victim or another
person. In a proceeding where the domestic violence program is a party
to the proceeding, a court may compel disclosure of the name, address,
or location of a domestic violence program if the court finds that such
information is necessary and relevant to the facts of the case.
(b) A court may only compel the disclosure of the name, address, or
location of a domestic violence program following a written pretrial
motion made to a court stating that discovery is requested of the
information about the domestic violence program. The written motion
must be accompanied by an affidavit or affidavits setting forth
specifically the reasons why discovery is requested, and the court
shall review the domestic violence program's information in camera to
determine whether disclosure is permitted under (a) of this subsection.
(c) In any proceeding where the confidential name, address, or
location of a domestic violence program is ordered to be disclosed, the
court shall additionally order that the parties be prohibited from
further dissemination of the confidential information, and that any
portion of any records containing such confidential information be
sealed.
(3) Any person who obtains access to and releases confidential
information about the location of a domestic violence program for any
purpose other than required by a court proceeding is guilty of a civil
infraction carrying a maximum penalty and default amount of five
hundred dollars, unless such release is authorized by a court order or
is made with the written authorization of the person or persons
responsible for the operation of the domestic violence program. This
subsection does not apply to a current or former domestic violence
program participant.
(4) Any person who obtains access to and intentionally and
maliciously releases confidential information about the location of a
domestic violence program for any purpose other than required by a
court proceeding is guilty of a gross misdemeanor.
NEW SECTION. Sec. 10 A new section is added to chapter 26.50 RCW
to read as follows:
(1) The Washington state institute for public policy shall conduct
a statewide study to assess recidivism by domestic violence offenders
involved in the criminal justice system, examine effective community
supervision practices of domestic violence offenders as it relates to
Washington state institute for public policy findings on evidence-based
community supervision, and assess domestic violence perpetrator
treatment. The institute shall report recidivism rates of domestic
violence offenders in Washington, and if data is available, the report
must also include an estimate of the number of domestic violence
offenders sentenced to certified domestic violence perpetrator
treatment in Washington state and completion rates for those entering
treatment.
(2) The study must be done in collaboration with the Washington
state gender and justice commission and experts on domestic violence
and must include a review and update of the literature on domestic
violence perpetrator treatment, and provide a description of studies
used in meta-analysis of domestic violence perpetrator treatment. The
institute shall report on other treatments and programs, including
related findings on evidence-based community supervision, that are
effective at reducing recidivism among the general offender population.
The institute shall survey other states to study how misdemeanor and
felony domestic violence cases are handled and assess whether domestic
violence perpetrator treatment is required by law and whether a
treatment modality is codified in law. The institute shall complete
the review and report results to the legislature by January 1, 2013.
NEW SECTION. Sec. 11 If specific funding for the purposes of
section 10 of this act, referencing section 10 of this act by bill or
chapter number and section number, is not provided by June 30, 2012, in
the omnibus appropriations act, section 10 of this act is null and
void.