SENATE BILL REPORT

SSB 5142

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

Providing protection from unlawful harassment.

Senate Committee on Judiciary

Senate Hearing Date(s):January 13, 1987; January 16, 1987

Majority Report:  That Substitute Senate Bill No. 5142 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Moore, Nelson.

Senate Staff:Carolyn Mayer (786-7465)

                  April 17, 1987

AS PASSED SENATE, FEBRUARY 18, 1987

BACKGROUND:

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

Law enforcement authorities report that 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 substantial emotional 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.

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 also request the court to issue a temporary antiharassment protection order which will 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 also be subject to contempt of court penalties.  The municipal and district courts shall have jurisdiction of any criminal actions brought under this chapter.

In granting antiharassment protection orders, the court is given broad discretion to grant such relief as the court deems proper, 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 ex parte temporary antiharassment protection order if the petitioner has previously obtained two such orders against the same respondent but has failed to obtain the issuance of a permanent antiharassment protection order unless good cause for such failure can be shown.

Fiscal Note:      requested

Senate Committee - Testified: Karil Klingbeil, Harborview Hospital; Leo Poort, Seattle Police Department; Lonnie Johns-Brown, Washington NOW; Nancy Talner, ACLU

HOUSE AMENDMENT:

A new provision is added that nothing contained in the new chapter shall be construed to infringe upon any constitutional right including, but not limited to, freedom of speech and freedom of assembly.