H‑2216.1   _____________________________________________

SECOND SUBSTITUTE HOUSE BILL 1041

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, O'Brien, Lambert, Ruderman, Woods and Hurst)

READ FIRST TIME 03/8/01. 

_1      AN ACT Relating to protection orders for unlawful harassment;

_2  amending RCW 10.14.020, 10.14.120, 10.14.170, and 7.21.030;

_3  reenacting and amending RCW 10.14.040; and creating a new section.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 10.14.020 and 1999 c 27 s 4 are each amended to read

_6  as follows:

_7      Unless the context clearly requires otherwise, the definitions

_8  in this section apply throughout this chapter.

_9      (1) "Unlawful harassment" means a knowing and willful course of

10  conduct directed at a specific person which seriously alarms,

11  annoys, harasses, or is detrimental to such person, and which

12  serves no legitimate or lawful purpose.  The course of conduct shall

13  be such as would cause a reasonable person to suffer substantial

14  emotional distress, and shall actually cause substantial emotional

15  distress to the petitioner, or, when the course of conduct ((is

16  contact by a person over age eighteen that)) would cause a

17  reasonable parent to fear for the well-being of their child.

18      (2) "Course of conduct" means a pattern of conduct composed of

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_1  a series of acts over a period of time, however short, evidencing

_2  a continuity of purpose.  "Course of conduct" includes, in addition

_3  to any other form of communication, contact, or conduct, the

_4  sending of an electronic communication.  Constitutionally protected

_5  activity is not included within the meaning of "course of

_6  conduct."

_7      Sec. 2.  RCW 10.14.040 and 1995 c 292 s 2 and 1995 c 127 s 2 are

_8  each reenacted and amended to read as follows:

_9      There shall exist an action known as a petition for an order

10  for protection in cases of unlawful harassment.

11      (1) A petition for relief shall allege the existence of

12  harassment and shall be accompanied by an affidavit made under

13  oath stating the specific facts and circumstances from which

14  relief is sought.

15      (2) A petition for relief may be made regardless of whether or

16  not there is a pending lawsuit, complaint, petition, or other

17  action between the parties.

18      (3) All court clerks' offices shall make available simplified

19  forms and instructional brochures.  Any assistance or information

20  provided by clerks under this section does not constitute the

21  practice of law and clerks are not responsible for incorrect

22  information contained in a petition.

23      (4) Filing fees are set in RCW 36.18.020, but no filing fee may

24  be charged for a petition filed in an existing action or under an

25  existing cause number brought under this chapter in the

26  jurisdiction where the relief is sought.  Forms and instructional

27  brochures shall be provided free of charge.

28      (5) A person is not required to post a bond to obtain relief in

29  any proceeding under this section.

30      (6) The parent or guardian of a child under age eighteen may

31  petition for an order of protection to restrain a person ((over

32  age eighteen)) from contact with that child upon a showing that

33  contact with the person to be enjoined is detrimental to the

34  welfare of the child.

35      Sec. 3.  RCW 10.14.120 and 1989 c 373 s 14 are each amended to read

36  as follows:

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_1      Any willful disobedience by ((the respondent)) a respondent age

_2  eighteen years or over of any temporary antiharassment protection

_3  order or civil antiharassment protection order issued under this

_4  chapter subjects the respondent to criminal penalties under this

_5  chapter.  Any respondent age eighteen years or over who willfully

_6  disobeys the terms of any order issued under this chapter may

_7  also, in the court's discretion, be found in contempt of court and

_8  subject to penalties under chapter 7.21 RCW.  Any respondent under

_9  the age of eighteen years who willfully disobeys the terms of an

10  order issued under this chapter may, in the court's discretion, be

11  found in contempt of court and subject to the sanction specified

12  in RCW 7.21.030(4).

13      Sec. 4.  RCW 10.14.170 and 1987 c 280 s 17 are each amended to read

14  as follows:

15      Any respondent age eighteen years or over who willfully

16  disobeys any civil antiharassment protection order issued pursuant

17  to this chapter shall be guilty of a gross misdemeanor.

18      Sec. 5.  RCW 7.21.030 and 1998 c 296 s 36 are each amended to read

19  as follows:

20      (1) The court may initiate a proceeding to impose a remedial

21  sanction on its own motion or on the motion of a person aggrieved

22  by a contempt of court in the proceeding to which the contempt is

23  related.  Except as provided in RCW 7.21.050, the court, after

24  notice and hearing, may impose a remedial sanction authorized by

25  this chapter.

26      (2) If the court finds that the person has failed or refused to

27  perform an act that is yet within the person's power to perform,

28  the court may find the person in contempt of court and impose one

29  or more of the following remedial sanctions:

30      (a) Imprisonment if the contempt of court is of a type defined

31  in RCW 7.21.010(1) (b) through (d).  The imprisonment may extend

32  only so long as it serves a coercive purpose.

33      (b) A forfeiture not to exceed two thousand dollars for each

34  day the contempt of court continues.

35      (c) An order designed to ensure compliance with a prior order

36  of the court.

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_1      (d) Any other remedial sanction other than the sanctions

_2  specified in (a) through (c) of this subsection if the court

_3  expressly finds that those sanctions would be ineffectual to

_4  terminate a continuing contempt of court.

_5      (e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW,

_6  commitment to juvenile detention for a period of time not to

_7  exceed seven days.  This sanction may be imposed in addition to, or

_8  as an alternative to, any other remedial sanction authorized by

_9  this chapter. This remedy is specifically determined to be a

10  remedial sanction.

11      (3) The court may, in addition to the remedial sanctions set

12  forth in subsection (2) of this section, order a person found in

13  contempt of court to pay a party for any losses suffered by the

14  party as a result of the contempt and any costs incurred in

15  connection with the contempt proceeding, including reasonable

16  attorney's fees.

17      (4) If the court finds that a person under the age of eighteen

18  years has willfully disobeyed the terms of an order issued under

19  chapter 10.14 RCW, the court may find the person in contempt of

20  court and may, as a sole sanction for such contempt, commit the

21  person to juvenile detention for a period of time not to exceed

22  seven days.

23      NEW SECTION. Sec. 6.  If specific funding for the purposes of

24  this act, referencing this act by bill or chapter number, is not

25  provided by June 30, 2001, in the omnibus appropriations act, this

26  act is null and void.

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