HOUSE BILL REPORT

HB 1384

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Judiciary

Title: An act relating to sexual assault protection orders.

Brief Description: Concerning sexual assault protection orders.

Sponsors: Representatives Goodman, Stambaugh, Kilduff, Griffey, Jinkins, Lytton, Senn, Stanford, Kagi, Appleton, Tarleton, Ormsby and Doglio.

Brief History:

Committee Activity:

Judiciary: 1/24/17, 2/2/17 [DPS].

Brief Summary of Substitute Bill

Provides that sexual assault protection orders may be permanent, rather than having a two-year maximum.
Modifies the procedure for renewal of a sexual assault protection order to require renewal upon motion absent a showing by the respondent that the respondent will not engage in or attempt contact with the petitioner after the order expires.
Establishes procedures for a respondent to petition to terminate or modify the terms of a sexual assault protection order, including terms related to firearms, dangerous weapons, or concealed pistol licenses.

HOUSE COMMITTEE ON JUDICIARY

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 12 members: Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Frame, Goodman, Graves, Haler, Hansen, Kirby, Klippert and Orwall.

Minority Report: Do not pass. Signed by 1 member: Representative Shea.

Staff: Edie Adams (786-7180).

Background:

A person may petition for a sexual assault protection order if he or she has been subjected to one or more incidents of nonconsensual sexual conduct or penetration that gives rise to a reasonable fear of future dangerous acts by the respondent. Sexual assault protection orders are available for victims of sexual assault who do not qualify for a domestic violence protection order. A sexual assault protection order may restrain the respondent from having any contact with the victim, prohibit the respondent from certain places, and contain other relief as the court deems necessary for protection of the victim.

Upon petition for a sexual assault protection order, the court may issue an ex parte temporary protection order pending the hearing if the court finds that the harm which the order is intended to prevent would likely occur if the respondent were given any prior notice. The temporary order is effective for a fixed period not to exceed 14 days from the issuance of the temporary order. Final sexual assault protection orders are valid for a fixed time not to exceed two years.

Any temporary or final sexual assault protection order may be renewed one or more times. If the request for renewal is uncontested and the petitioner is not seeking a modification, the order may be renewed on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason a renewal is being requested. If a motion for renewal is contested, the court must order a hearing to be held no more than 14 days from receipt of the motion, or 24 days if the court has allowed service by publication or mail.

A court may modify the terms of a sexual assault protection order for another fixed time period after notice to the respondent and a hearing held no later than 14 days after the motion. If an order is terminated or modified before its expiration date, the clerk of the court must forward a copy of the modified order or the termination of the order to the appropriate law enforcement agency for entry in, or removal from, the computer-based criminal intelligence information system.

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Summary of Substitute Bill:

Provisions governing the allowed term of a sexual assault protection order and standards for renewal, modification, or termination of a sexual assault protection order are revised.

Term of an Order.

The two-year maximum term for a final sexual assault protection order is eliminated. A final order may be for a fixed period of time or be permanent.

Renewal of an Order.

A motion to renew an ex parte temporary or nonpermanent final sexual assault protection order must state the reasons for seeking renewal. The court must grant a motion for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not engage in, or attempt contact with, the petitioner after the order expires. The passage of time and compliance with the existing order are not, alone, sufficient to meet the burden of proof.

In determining whether there has been a material change in circumstances, the court may consider only factors that address whether the respondent is likely to engage in, or attempt contact with, the petitioner when the order expires, including whether or not the respondent:

has committed or threatened sexual assault, domestic violence, stalking, or other violent acts since the order was entered;
has violated the terms of the order, and how much time has passed since entry of the order;
has exhibited suicidal ideation or attempts since the order was entered;
has been convicted of criminal activity since the order was entered;
has acknowledged responsibility for the acts of sexual assault underling the order or has successfully completed sexual assault perpetrator treatment or counseling since the order was entered;
has a continuing involvement with drug or alcohol abuse, if such abuse was a factor in the protection order; or
has relocated to an area more distant from the other party.

Modification or Termination of an Order.

The procedures for modification or termination of a sexual assault protection order are revised and standards are established for a respondent to petition for termination or modification, including for modification of terms relating to firearms, other dangerous weapons, or concealed pistol licenses.

The respondent must include a declaration setting forth facts supporting the requested order for termination or modification, and the nonmoving parties may file opposing declarations. The court may set the motion for hearing only if the court finds adequate cause for a hearing based on the declarations. After a hearing, the court may terminate or modify the order if the respondent proves by a preponderance of the evidence that there has been a material change in circumstances such that the respondent is not likely to engage in, or attempt contact with, the protected person if the order is terminated or modified. A respondent may petition for termination or modification once in every 12-month period. A court may require the respondent to pay the petitioner for costs incurred in responding to a motion to terminate or modify, including reasonable attorneys' fees.

Substitute Bill Compared to Original Bill:

The procedures for modification and termination of a sexual assault protection order are revised. Standards are established for a respondent to petition once every 12-month period for termination or modification of a sexual assault protection order, including for modification of terms related to firearms, dangerous weapons, and concealed pistol licenses. A court may require the respondent to pay the petitioner for costs incurred in responding to a motion to terminate or modify, including reasonable attorneys' fees.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) The bill promotes equity of protection for all victims by aligning the law with domestic violence, stalking, and harassment orders. A two-year term is inadequate. The risk of harm and fear that a victim feels does not go away. Having to go back to court and face the perpetrator re-traumatizes the victim. It is a stressful, cumbersome, and difficult process to have to reprove the case every two years. Victims who are entitled to sexual assault protection orders experience just as much, or more, trauma than a domestic violence victim, but they have to go back to court every two years to face the perpetrator. For victims of sexual abuse, having this order in place provides great relief. The bill will help restore their faith in a system that encouraged them to come forward and seek help. The order does not have to be permanent, but it can be at the discretion of the court.

The previous legislation on this topic was held up because of inapplicable firearms concerns raised by the National Rifle Association. Firearms restrictions are very rarely entered in these orders. The additional firearms restrictions from the 2014 legislation apply only when intimate partners are involved, so they cannot apply to sexual assault protection orders since these orders are not available if the person can get a domestic violence protection order.

(Opposed) None.

Persons Testifying: Representative Goodman, prime sponsor; Andrea Piper-Wentland, Washington Coalition of Sexual Assault Programs; Cali Knox; Mary Ellen Stone, King County Sexual Assault Resource Center; and David Ward, Legal Voice.

Persons Signed In To Testify But Not Testifying: None.