FINAL BILL REPORT

SSB 5142

                                  C 280 L 87

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge, Lee, Bottiger, Moore and Rinehart)

Providing protection from unlawful harassment.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Washington's criminal harassment statute, RCW 9A.46, was intended to make certain kinds of harassment illegal, making it a crime to threaten to injure or harm another.

Law enforcement authorities report they are unable to make arrests in many harassment cases because RCW 9A.46 applies only where an express threat is made to the victim.  Often the victim is subjected to a continued pattern of serious harassment, but no arrest is possible because no specific threat of harm is made.

SUMMARY:

This chapter is intended to provide victims of unlawful harassment with a speedy and inexpensive method of obtaining protection orders preventing unwanted contact between the victim and the harasser.  "Unlawful harassment" is defined as a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses such person, and which serves no legitimate or lawful purpose.  The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause such distress to the victim.  A set of factors the court must consider in deciding whether the conduct serves any legitimate or lawful purpose is provided.  Nothing in the chapter is to be construed to infringe on any constitutionally protected right, including freedom of speech and freedom of assembly.

A victim of unlawful harassment may petition the superior courts for a civil antiharassment protection order.  At the time the petition is filed, the victim can request the court to issue a temporary antiharassment protection order to remain in effect for up to 14 days.

A hearing must be held on the victim's petition within 14 days after it is filed.  If the court finds that unlawful harassment has taken place, it shall issue a civil antiharassment protection order which can remain in effect for up to one year.

A respondent who willfully disobeys an antiharassment protection order is guilty of a gross misdemeanor and may be subject to contempt of court penalties.  The municipal and district courts have jurisdiction of any criminal actions brought under this chapter.

In granting antiharassment protection orders, the court is given broad discretion to grant relief, including orders restraining the respondent from contacting or following the petitioner and requiring the respondent to stay a stated distance from the petitioner's residence or work place.

A petitioner may not obtain a third temporary antiharassment protection order if the petitioner has previously obtained two such orders but has failed to obtain a permanent antiharassment protection order unless good cause for such failure can be shown.

VOTES ON FINAL PASSAGE:

      Senate    47     0

      House 86  11 (House amended)

      Senate    47     0 (Senate concurred)

EFFECTIVE:July 26, 1987