AN ACT Relating to domestic violence; amending RCW 26.50.030, 26.50.035, 26.50.050, 26.50.070, and 70.123.090; reenacting and amending RCW 9.41.070; adding new sections to chapter 10.99 RCW; adding a new section to chapter 43.43 RCW; making appropriations; and providing an expiration date.

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

NEW SECTION. Sec. 1. (1) The commission on domestic violence is created. The commission shall consist of twenty-one members appointed by the governor and shall include the following:

(a) The governor or designee;

(b) The attorney general or designee;

(d) The chief of the Washington state patrol or designee;

(e) A prosecuting attorney;

(f) A defense attorney;

(g) A sheriff or designee;

(h) A chief of police or designee;

(i) A superior, district, and municipal court judge;

(j) A county clerk;

(k) A person involved in providing services to domestic violence victims;

(l) A person involved in mental health or public health;

(m) A person involved in public education;

(n) Two members from the senate, one from each caucus, and two members from the house of representatives, one from each caucus; and

(o) Two members from the general public.

(2) In making the appointments, the governor shall seek recommendations from the association of prosecuting attorneys, the association of criminal defense attorneys, the association of superior court judges, the association of district court judges, the association of municipal court judges, the association of sheriffs and police chiefs, and the association of county clerks.

(3) The governor or the governor's designee shall serve as chair of the commission.

(4) Commission members shall receive no compensation for the performance of their duties but shall receive subsistence and mileage allowance under RCW 43.03.050 and 43.03.060.

(5) The office of the administrator for the courts shall provide clerical and other support to the commission to enable it to perform its functions. The office of the administrator for the courts shall be responsible for travel expenses of commission members.

NEW SECTION. Sec. 2. (1) The commission on domestic violence shall review and propose changes to the domestic violence prevention act. The commission shall study methods for the prevention of domestic violence, including sentencing alternatives, and shall make its recommendations to the senate law and justice committee and the house of representatives judiciary committee. The commission's proposals and recommendations shall be made no later than December 1 of each year. The commission shall also work to implement the recommendations of the Washington state task force on gender and justice in the courts.

(2) The commission shall review and recommend training and educational programs for law enforcement officers and prosecuting attorneys. This review shall be made in conjunction with members of the criminal justice training commission, the Washington association of prosecuting attorneys, the Washington state bar association, and the superior, district, and municipal court judges association.

NEW SECTION. Sec. 3. (1) The Washington association of sheriffs and police chiefs shall establish and maintain a central repository for the collection of domestic violence incidents. Upon establishing such a repository, the association shall develop a procedure to monitor, record, and classify information relating to domestic violence incidents. The procedure may be established within the association's incident-based reporting program.

(2) All local law enforcement agencies shall report monthly to the association concerning all domestic violence incidents in such form and manner as prescribed by rules adopted by the association. Agency participation in the incident-based reporting program, with regard to the specific data requirements associated with violations of domestic violence, shall be deemed to meet agency reporting requirements.

(3) The Washington association of sheriffs and police chiefs shall submit an annual report to the senate law and justice committee and the house of representatives judiciary committee by December 1 of each year beginning in 1990 summarizing the statistical results of the domestic violence data received.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act are each added to chapter 10.99 RCW.

Sec. 5. Section 7, chapter 172, Laws of 1935 as last amended by section 1, chapter 36, Laws of 1988, section 1, chapter 219, Laws of 1988, section 1, chapter 223, Laws of 1988, and by section 10, chapter 263, Laws of 1988 and RCW 9.41.070 are each reenacted and amended to read as follows:

(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. Such applicant's constitutional right to bear arms shall not be denied to ((~~him~~)) the applicant, unless he or she:

(a) Is ineligible to own a pistol under the provisions of RCW 9.41.040; or

(b) Is under twenty-one years of age; or

(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; or

(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

(f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his person; or

(g) Has been convicted of a domestic violence crime as defined by RCW 10.99.020.

The license shall be revoked immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.

(2) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the license shall:

(a) On the first forfeiture, be revoked by the department of licensing for one year;

(b) On the second forfeiture, be revoked by the department of licensing for two years;

!ixAny person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.

The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.

!ixThe license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's place of birth, whether the applicant is a United States citizen, and if not a citizen whether the applicant has declared the intent to become a citizen and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor. A person who is not a citizen of the United States, or has not declared his or her intention to become a citizen shall meet the additional requirements of RCW 9.41.170.

The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing said license.

(3) The fee for the original issuance of a four-year license shall be twenty-three dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

(d) Three dollars to the firearm range account in the wildlife fund.

(4) The fee for the renewal of such license shall be fifteen dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the renewal of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

(5) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

(6) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (4) of this section. The fee shall be distributed as follows:

(a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(7) Notwithstanding the requirements of subsections (1) through (6) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

(8) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.

Sec. 6. Section 4, chapter 263, Laws of 1984 as amended by section 2, chapter 303, Laws of 1985 and RCW 26.50.030 are each amended to read as follows:

There shall exist an action known as a petition for an order for protection in cases of domestic violence.

(1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties except in cases where the court realigns petitioner and respondent in accordance with RCW 26.50.060(3).

(3) All court clerk's offices shall make available simplified forms and instructional brochures. The brochures shall provide educational information on the civil and criminal processes relating to domestic violence cases, information on the availability of advocates to assist the victims, and shall provide information on the benefits of using the judicial system as a means of preventing domestic violence. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.

(4) A filing fee of twenty dollars shall be charged for proceedings under this section. No filing fee may be charged for: (a) A petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought; or (b) the transfer of a case from district or municipal court to superior court under RCW 26.50.020(2). Forms and instructional brochures shall be provided free of charge.

(5) A person is not required to post a bond to obtain relief in any proceeding under this section.

Sec. 7. Section 31, chapter 263, Laws of 1984 as amended by section 3, chapter 303, Laws of 1985 and RCW 26.50.035 are each amended to read as follows:

The administrator for the courts shall develop and prepare, in consultation with interested persons, the forms and instructional brochures required under RCW 26.50.030(3). The administrator for the courts shall distribute a master copy of the forms and instructional brochures to all court clerks and make the materials available to all domestic violence shelters.

Sec. 8. Section 6, chapter 263, Laws of 1984 and RCW 26.50.050 are each amended to read as follows:

Upon receipt of the petition, the court shall order a hearing which shall be held not later than ((~~fourteen~~)) twenty-one days from the date of the order. Personal service shall be made upon the respondent ((~~not less than five court days prior to the hearing~~)). If timely service cannot be made, the court may set a new hearing date.

Sec. 9. Section 8, chapter 263, Laws of 1984 as amended by section 2, chapter 411, Laws of 1989 and RCW 26.50.070 are each amended to read as follows:

(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:

(a) Restraining any party from committing acts of domestic violence;

(b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;

(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; and

(d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household.

(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.

(3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.

(4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed ((~~fourteen~~)) twenty-one days, but may be reissued. A full hearing, as provided in this chapter, shall be set for not later than ((~~fourteen~~)) twenty-one days from the issuance of the temporary order. The respondent shall be served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

Sec. 10. Section 9, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.090 are each amended to read as follows:

The department is authorized, under this chapter and the rules adopted to effectuate its purposes, to make available grants awarded on a contract basis to public or private nonprofit agencies, organizations, or individuals providing shelter services meeting minimum standards established by the department. Consideration as to need, geographic location, population ratios, and the extent of existing services shall be made in the award of grants. The department shall provide technical assistance to any nonprofit organization desiring to apply for the contracts if the organization does not possess the resources and expertise necessary to develop and transmit an application without assistance. The department shall ensure that every superior court judicial district shall have at least one domestic violence shelter.

NEW SECTION. Sec. 11. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the office of the administrator for the courts for the purpose of providing training for advocates to assist and educate victims of domestic violence in both the civil court process and in the criminal court.

NEW SECTION. Sec. 12. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the counties to implement the purposes of this act. The distribution of the funds shall be determined by the department of community development based on the needs of counties.

NEW SECTION. Sec. 13. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of social and health services for the purpose of providing additional funds to existing shelters and for the creation of additional shelters for victims of domestic violence.

NEW SECTION. Sec. 14. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the criminal justice training commission to implement the purposes of this act.

NEW SECTION. Sec. 15. Sections 1 and 2 of this act shall expire July 1, 1993.

NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.