AN ACT Relating to domestic relations; amending RCW 26.09.004, 26.09.080, 26.09.090, 26.09.170, 4.12.050, and 9.41.040; adding new sections to chapter 26.09 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 3, chapter 460, Laws of 1987 and RCW 26.09.004 are each amended to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage, declaration of invalidity, or legal separation which is incorporated in a temporary order.

(2) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage, declaration of invalidity, or legal separation.

(3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:

(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;

(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;

(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;

(d) Assisting the child in developing and maintaining appropriate interpersonal relationships;

(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and

(f) Providing for the financial support of the child.

(4) "Obligee" means the person to whom maintenance is owed.

(5) "Obligor" means the person owing maintenance.

(6) "Maintenance order" means any judgment, decree, or order issued by the superior court; or a judgment, decree, or other maintenance order issued by a court of competent jurisdiction in another state or country, which has been registered or otherwise made enforceable in this state.

(7) "Employer" includes the United States government, a state or local unit of government, and any person or entity who pays or owes earnings to the obligor.

(8) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy maintenance obligations, specifically includes periodic payments pursuant to pension or retirement programs or insurance policies of any type, but does not include payments made under Title 74 or 50 RCW except as provided in RCW 50.40.020 and 50.40.050.

(9) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld.

Sec. 2. Section 8, chapter 157, Laws of 1973 1st ex. sess. as amended by section 5, chapter 375, Laws of 1989 and RCW 26.09.080 are each amended to read as follows:

In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage; ((~~and~~))

(4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time; and

(5) Past, present, and future earning or economic capacity of each spouse, including the earning or economic capacity of each spouse which was enhanced, diminished, or foregone during marriage.

Sec. 3. Section 9, chapter 157, Laws of 1973 1st ex. sess. as amended by section 6, chapter 375, Laws of 1989 and RCW 26.09.090 are each amended to read as follows:

((~~(1)~~)) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:

((~~(a)~~)) (1) The financial resources of the party seeking maintenance, including separate or community property apportioned to ((~~him~~)) the party, and ((~~his~~)) the party's ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

((~~(b)~~)) (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;

((~~(c)~~)) (3) The standard of living established during the marriage;

((~~(d)~~)) (4) The duration of the marriage;

((~~(e)~~)) (5) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; ((~~and~~

~~(f)~~)) (6) The financial or other contributions each spouse made during the marriage;

(7) The standard of living each spouse will experience after dissolution of the marriage;

(8) Past, present, and future earning or economic capacity of each spouse, including the earning or economic capacity of each spouse which was enhanced, diminished, or foregone during marriage; and

(9) The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse seeking maintenance.

Sec. 4. Section 17, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 416, Laws of 1989 and RCW 26.09.170 are each amended to read as follows:

(1) Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and, except as otherwise provided in subsection (4) or (5) of this section, only upon a showing of a substantial change of circumstances. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

(2) Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party ((~~or the remarriage of the party receiving maintenance~~)).

(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the parent obligated to support the child.

(4) An order of child support may be modified one year or more after it has been entered without showing a substantial change of circumstances:

(a) If the order in practice works a severe economic hardship on either party or the child;

(b) If a party requests an adjustment in an order for child support which was based on guidelines which determined the amount of support according to the child's age, and the child is no longer in the age category on which the current support amount was based;

(c) If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or

(d) To add an automatic adjustment of support provision consistent with RCW 26.09.100.

(5) An order or decree entered prior to June 7, 1984, may be modified without showing a substantial change of circumstances if the requested modification is to:

(a) Require health insurance coverage for a child named therein; or

(b) Modify an existing order for health insurance coverage.

(6) An obligor's voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances.

(7) The department of social and health services may file an action to modify an order of child support if public assistance money is being paid to or for the benefit of the child and the child support order is twenty-five percent or more below the appropriate child support amount set forth in the adopted child support schedule. The determination of twenty-five percent or more shall be based on the current income of the parties and the department shall not be required to show a substantial change of circumstances.

NEW SECTION. Sec. 5. The remedies provided in this chapter are in addition to, and not in substitution for, any other remedies provided by law.

NEW SECTION. Sec. 6. (1) A proceeding to enforce a maintenance order is commenced:

(a) By filing a petition for an original action; or

(b) By motion in an existing action or under an existing cause number.

(2) Venue for the action is in the superior court of the county where the obligee resides or is present, where the obligor resides, or where the prior maintenance order was entered. The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the obligee. A filing fee shall not be assessed in cases brought on behalf of the state of Washington.

(3) The court retains continuing jurisdiction under this chapter until all maintenance owing by the obligor, including arrearages, with respect to the obligee have been satisfied.

NEW SECTION. Sec. 7. (1) If an obligor fails to comply with a maintenance order, a petition or motion may be filed without notice under section 6 of this act to initiate a contempt action as provided in chapter 7.21 RCW. If the court finds there is reasonable cause to believe the obligor has failed to comply with a maintenance order, the court may issue an order to show cause requiring the obligor to appear at a certain time and place for a hearing, at which time the obligor may appear to show cause why the relief requested should not be granted. A copy of the petition or motion shall be served on the obligor along with the order to show cause.

(2) Service of the order to show cause shall be by personal service, or in the manner provided in the civil rules of superior court or applicable statute.

(3) If the order to show cause served upon the obligor included a warning that an arrest warrant could be issued for failure to appear, the court may issue a bench warrant for the arrest of the obligor if the obligor fails to appear on the return date provided in the order.

(4) If the obligor contends at the hearing that he or she lacked the means to comply with the maintenance order, the obligor shall establish that he or she exercised due diligence in seeking employment, in conserving assets, or otherwise in rendering himself or herself able to comply with the court's order.

NEW SECTION. Sec. 8. (1) A petition or motion seeking a mandatory wage assignment in an action under section 6 of this act may be filed by an obligee if the obligor is more than fifteen days past due in maintenance payments in an amount equal to or greater than the maintenance payable for one month. The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

(a) That the obligor, stating his or her name and residence, is more than fifteen days past due in maintenance payments in an amount equal to or greater than the maintenance payable for one month;

(b) A description of the terms of the maintenance order requiring payment of maintenance, and the amount past due;

(d) That notice by personal service or any form of mail requiring a return receipt has been provided to the obligor at least fifteen days prior to the obligee seeking a mandatory wage assignment, unless the order for maintenance states that the obligee may seek to enforce the order for maintenance without notice to the obligor; and

(e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action.

(2) If the court in which a mandatory wage assignment is sought does not already have a copy of the maintenance order in the court file, then the obligee shall attach a copy of the maintenance order to the petition or motion seeking the wage assignment.

NEW SECTION. Sec. 9. Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with section 8 of the act, the court shall issue a wage assignment order, as provided in section 11 of the act and including the information required in section 10 of this act, directed to the employer, and commanding the employer to answer the order on forms served with the order that comply with section 13 of this act within twenty days after service of the order upon the employer.

NEW SECTION. Sec. 10. (1) The wage assignment order in section 9 of this act shall include:

(a) The maximum amount of current maintenance, if any, to be withheld from the obligor's earnings each month, or from each earnings disbursement; and

(b) The total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any.

(2) The total amount to be withheld from the obligor's earnings each month, or from each earnings disbursement, shall not exceed fifty percent of the disposable earnings of the obligor. If the amounts to be paid toward the arrearage are specified in the maintenance order, then the maximum amount to be withheld is the sum of the current maintenance ordered and the amount ordered to be paid toward the arrearage, or fifty percent of the disposable earnings of the obligor, whichever is less.

(3) The provisions of RCW 6.27.150 do not apply to wage assignments for maintenance authorized under this chapter, but fifty percent of the disposable earnings of the obligor are exempt, and may be disbursed to the obligor.

(4) If an obligor is subject to two or more attachments for maintenance on account of different obligees, the employer shall, if the nonexempt portion of the obligor's earnings is not sufficient to respond fully to all the maintenance attachments, apportion the obligor's nonexempt disposable earnings between or among the various obligees equally. Any obligee may seek a court order reapportioning the obligor's nonexempt disposable earnings upon notice to all interested obligees. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable statute.

NEW SECTION. Sec. 11. The wage assignment order shall be substantially in the following form:

@lb IN THE SUPERIOR COURT OF THE STATE OF

WASHINGTON IN AND FOR THE COUNTY OF

!sc.,020

!tn3 !ix!w×,!tl!ss1!ix

!ix!sc ,004Obligee!tj1!tlNo.!w×!tl

!ix!sc ,006vs.

!ix!w×,!tl!ss1!tlWAGE ASSIGNMENT

!ix!sc ,004Obligor!tj1!tlORDER

!ix!w×,!tl

!ix!sc ,004Employer

!ixTHE STATE OF WASHINGTON TO:!SC ,2!ss1!W×

!tj2!tlEmployer

!ixAND TO:!sc ,2!W×

Obligor

@la The above-named obligee claims that the above-named obligor is more than fifteen days past due in maintenance payments in an amount equal to or greater than the maintenance payable for one month. The amount of the accrued maintenance debt as of this date is .......... dollars, the amount of arrearage payments specified in the maintenance order (if applicable) is .......... dollars per .......... , and the amount of the current and continuing maintenance obligation under the maintenance order is .......... dollars per .......... .

You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

If you possess any earnings due and owing to the obligor, then you shall do as follows:

(1) Withhold from the obligor's earnings each month, or from each regular earnings disbursement, the lesser of:

(a) The sum of the accrued maintenance debt and the current maintenance obligation;

(b) The sum of the specified arrearage payment amount and the current maintenance obligation; or

(2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

You shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by the court that the wage assignment has been modified or terminated.

You shall promptly notify the court if and when the employee is no longer employed by you.

You shall deliver the withheld earnings to the person entitled to receive the payments or to the clerk of the court as trustee for remittance to the person entitled to receive the payments, at each regular pay interval, but the first delivery shall occur no sooner than twenty days after your receipt of this wage assignment order.

You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for: (a) A wage assignment or garnishment for child support; or (b) an order to withhold or deliver under chapter 74.20A RCW.

@lb !ic2,2WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.

NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER.

DATED THIS ... day of ... , 19 ... .

!tp1,1 !ix@w1!tl@w1

!ixObligee,!tlJudge/Court!sc ,1Commissioner

!ix or!sc ,1obligee's!sc ,1attorney

@la!ix

NEW SECTION. Sec. 12. (1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings from the employer, whether the employer will honor the wage assignment order, and whether there are multiple child support or maintenance attachments against the obligor.

(2) If the employer possesses any earnings due and owing to the obligor, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The withheld earnings shall be delivered to the person entitled to receive the payments or to the clerk of the court as trustee for remittance to the person entitled to receive the payments, at each regular pay interval, but the first delivery shall occur no sooner than twenty days after receipt of the wage assignment order.

(3) The employer shall continue to withhold the ordered amounts from nonexempt earnings of the obligor until notified by the court that the wage assignment has been modified or terminated. The employer shall promptly notify the court when the employee is no longer employed.

(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under section 10 of this act. The processing fee may not exceed (a) ten dollars for the first disbursement made by the employer to the clerk of the court or to the obligee; and (b) one dollar for each subsequent disbursement to the clerk or to the obligee.

(5) An order for wage assignment for maintenance entered under this chapter shall have priority over any other wage assignment or garnishment, except for: (a) A wage assignment or garnishment for child support; or (b) an order to withhold and deliver under chapter 74.20A RCW. If an obligor is subject to more than one attachment for maintenance on account of different obligees, the obligor's earnings shall be apportioned as set forth in section 10 of this act.

(6) An employer who fails to withhold earnings as required by a wage assignment issued under this chapter may be held liable for the amounts disbursed to the obligor in violation of the wage assignment order, and may be found by the court to be in contempt of court and may be punished as provided by law.

(7) No employer who complies with a wage assignment issued under this chapter may be liable to the employee for wrongful withholding.

(8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment issued and executed under this chapter. A person who violates this subsection may be found by the court to be in contempt of court and may be punished as provided by law.

(9) An employer may combine amounts withheld from various employees into a single payment to the clerk of the court, if the payment includes a listing of the amounts attributable to each employee and other information as required by the clerk of the court.

(10) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.

NEW SECTION. Sec. 13. The answer of the employer shall be made on forms, served on the employer with the wage assignment order, substantially as follows:

@lb !il7,1!ih*,2!ir10,3!tn3 IN THE SUPERIOR COURT OF THE STATE OF

WASHINGTON IN AND FOR THE COUNTY OF

!SC.,030

!TN3 !W×!tl!ss1!TLNo. !W×

!SC ,3Obligee

!SC ,5vs.!TL!SS1!TLANSWER

!W×!TL!SS1!TLTO!sc ,1WAGE

!sc ,3Obligor!tl!ss1!tlASSIGNMENT!sc ,1ORDER

!W×!tl!ss1

!SC ,3Employer

1. At the time of the service of the wage assignment order on the employer, was the above-named obligor employed by or receiving earnings from the employer?

Yes .......... . No .......... . (check one).

2. Are there any other attachments for maintenance or child support currently in effect against the obligor?

Yes .......... . No .......... . (check one).

3. If the answer to question one is yes and the employer cannot comply with the wage assignment order, provide an explanation:

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

@lb !tp1,1,1,2 !tl!w×!tl!tl!w×

Signature of employer!tj1!tl!tlDate!sc ,1and!sc ,1place

!tl!w !tl!tl!w×

!tl!w×!tl!tl!w×

Signature of person!tj1!tl!tlAddress!sc ,1for!sc ,1future!sc ,1notice

answering for employer!tj1!tl!tlto!sc ,1employer

!TL!W×!tl!ss1

Connection with employer

!ix

@la

NEW SECTION. Sec. 14. (1) Service of the wage assignment order on the employer is invalid unless it is served with four answer forms in substantial conformance with section 13 of this act, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the obligee's attorney or the obligee, and the obligor. The obligee shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt.

(2) On or before the date of service of the wage assignment order on the employer, the obligee shall mail or cause to be mailed by certified mail a copy of the wage assignment order to the obligor at the obligor's last known post office address; or, in the alternative, a copy of the wage assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection provides, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion, may quash the wage assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the obligor has suffered substantial injury due to the failure to mail or serve the copy.

NEW SECTION. Sec. 15. In a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's maintenance obligation is current, the court may terminate the order upon motion of the obligor unless the obligee can show good cause as to why the wage assignment order should remain in effect.

NEW SECTION. Sec. 16. (1) In any action to enforce a maintenance order under Title 26 RCW, the court may, in its discretion, order an obligor obligated to pay maintenance to post a bond or other security with the court. The bond or other security shall be in the amount of maintenance due for a two-year period. The bond or other security is subject to approval by the court. The bond shall include the name and address of the issuer. If the bond is canceled, any person issuing a bond under this section shall notify the court and the person entitled to receive payment under the order.

(2) If the obligor obligated to pay maintenance fails to make payments as required under the court order, the person entitled to receive payment may recover on the bond or other security in the existing proceeding. The court may, after notice and hearing, increase the amount of the bond or other security. Failure to comply with the court's order to obtain and maintain a bond or other security may be treated as contempt of court.

NEW SECTION. Sec. 17. In any action to enforce a maintenance order under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorney fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question.

Sec. 18. Section 2, chapter 121, Laws of 1911 as last amended by section 1, chapter 148, Laws of 1941 and RCW 4.12.050 are each amended to read as follows:

(1) Any party to or any attorney appearing in any action or proceeding in a superior court, may establish ((~~such~~)) prejudice by motion, supported by affidavit that the judge before whom the action is pending is prejudiced against ((~~such~~)) the party or attorney, so that ((~~such~~)) the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial before ((~~such~~)) the judge((~~: PROVIDED, That such~~)). Consideration of the judge's race, creed, or gender shall not constitute the basis for a motion and affidavit establishing prejudice.

(2) The motion and affidavit ((is)) shall be filed and called to the attention of the judge before ((he)) the judge shall have made any ruling whatsoever in the case, either on the motion of the party making the affidavit, or on the motion of any other party to the action, of the hearing of which the party making the affidavit has been given notice, and before the judge presiding has made any order or ruling involving discretion, but the arrangement of the calendar, the setting of an action, motion or proceeding down for hearing or trial, the arraignment of the accused in a criminal action or the fixing of bail, shall not be construed as a ruling or order involving discretion within the meaning of this ((~~proviso; and in any event,~~)) section. In counties where there is but one resident judge, ((~~such~~)) the motion and affidavit shall be filed not later than the day on which the case is called to be set for trial((~~: AND PROVIDED FURTHER, That~~)).

(3) Notwithstanding the filing of ((~~such~~)) the motion and affidavit, if the parties shall, by stipulation in writing agree, ((~~such~~)) the judge may hear argument and rule upon any preliminary motions((~~, demurrers,~~)) or other matter thereafter presented((~~: AND PROVIDED FURTHER, That~~)).

(4) No party or attorney shall be permitted to make more than one ((~~such~~)) application in any action or proceeding under this section and RCW 4.12.040.

Sec. 19. Section 4, chapter 172, Laws of 1935 as last amended by section 2, chapter 232, Laws of 1983 and RCW 9.41.040 are each amended to read as follows:

(1) A person is guilty of the crime of unlawful possession of a short firearm or pistol, if((~~, having previously been convicted in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed,~~)) the person owns or has in his or her possession any short firearm or pistol and has previously been convicted in this state or elsewhere of:

(a) A crime of violence;

(b) A felony in which a firearm was used or displayed; or

(c) A misdemeanor or felony involving domestic violence, as defined in chapter 10.99 or 26.50 RCW, or substantially similar crimes in another state.

(2) Unlawful possession of a short firearm or pistol shall be punished as a class C felony under chapter 9A.20 RCW.

(3) As used in this section, a person has been "convicted" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing, post-trial motions, and appeals. A person shall not be precluded from possession if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(4) Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, or after any period of confinement under RCW 71.05.320 or an equivalent statute of another jurisdiction, or following a record of commitment pursuant to chapter 10.77 RCW or equivalent statutes of another jurisdiction, he owns or has in his possession or under his control any short firearm or pistol.

(5) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ownership, possession, or control of a firearm as a result of the conviction.

NEW SECTION. Sec. 20. Sections 5 through 17 of this act are each added to chapter 26.09 RCW.