H‑0651.1   _____________________________________________

HOUSE BILL 1270

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Woods, Lovick, Ballasiotes, Bush, O'Brien, Cairnes, Rockefeller, Boldt and Conway

Read first time 01/22/2001.  Referred to Committee on Criminal Justice & Corrections.

_1      AN ACT Relating to limiting access to victims by persons

_2  charged with sex offenses; adding a new section to chapter 10.40

_3  RCW; adding a new section to chapter 13.40 RCW; adding a new

_4  section to chapter 72.04A RCW; and adding a new section to chapter

_5  9.95 RCW.

_6  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_7      NEW SECTION. Sec. 1.  A new section is added to chapter 10.40

_8  RCW to read as follows:

_9      (1) At the arraignment of any defendant who is being charged

10  with a sex offense as defined in RCW 9.94A.030, the court shall

11  issue a no-contact order as a condition of any pretrial release

12  prohibiting the defendant from having any contact with the alleged

13  victim or initiating any contact with any other member of the

14  alleged victim's family.  The no-contact order must include a

15  provision that the defendant shall not knowingly reside within one

16  mile of the residence of the alleged victim or knowingly come

17  within, or knowingly remain within, one thousand feet from the

18  residence of the alleged victim.

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_1      (2)(a) Willful violation of a court order issued under this

_2  section is punishable under RCW 26.50.110.

_3      (b) The written order releasing the person charged shall

_4  contain the court's directives and shall bear the

_5  legend:  "Violation of this order is a criminal offense under

_6  chapter 26.50 RCW and will subject a violator to arrest; any

_7  assault, drive-by shooting, or reckless endangerment that is a

_8  violation of this order is a felony.  You can be arrested even if

_9  any person protected by the order invites or allows you to violate

10  the order's prohibitions.  You have the sole responsibility to avoid

11  or refrain from violating the order's provisions.  Only the court

12  can change the order."

13      (c) A certified copy of the order shall be provided to the

14  victim.

15      (3) Whenever a no-contact order is issued, modified, or

16  terminated under this section, the clerk of the court shall

17  forward a copy of the order on or before the next judicial day to

18  the appropriate law enforcement agency specified in the order.  Upon

19  receipt of the copy of the order the law enforcement agency shall

20  enter the order for one year or until the expiration date

21  specified on the order into any computer-based criminal

22  intelligence information system available in this state used by

23  law enforcement agencies to list outstanding warrants.  Entry into

24  the computer-based criminal intelligence information system

25  constitutes notice to all law enforcement agencies of the

26  existence of the order.  The order is fully enforceable in any

27  jurisdiction in the state.  Upon receipt of notice that an order has

28  been terminated under this section, the law enforcement agency

29  shall remove the order from the computer-based criminal

30  intelligence information system.

31      NEW SECTION. Sec. 2.  A new section is added to chapter 13.40

32  RCW to read as follows:

33      Upon the filing of an information charging a juvenile with a

34  sex offense as defined in RCW 9.94A.030, the court shall issue a

35  no-contact order prohibiting the respondent from having any

36  contact with the alleged victim or initiating any contact with any

37  other member of the alleged victim's family.  The no-contact order

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_1  must include a provision that the respondent shall not knowingly

_2  reside within one mile of the residence of the alleged victim or

_3  knowingly come within, or knowingly remain within, one thousand

_4  feet from the residence of the alleged victim.

_5      NEW SECTION. Sec. 3.  A new section is added to chapter 72.04A

_6  RCW to read as follows:

_7      In making all discretionary decisions regarding release plans

_8  for and supervision of sex offenders, the department of

_9  corrections shall impose a no-contact requirement as a condition

10  of any release prohibiting the defendant from having any contact

11  with the victim or initiating any contact with any other member of

12  the victim's family.  The no-contact requirement shall include a

13  provision that the defendant shall not knowingly reside within one

14  mile of the residence of the victim or knowingly come within, or

15  knowingly remain within, one thousand feet from the residence of

16  the victim.

17      NEW SECTION. Sec. 4.  A new section is added to chapter 9.95 RCW

18  to read as follows:

19      In making all discretionary decisions regarding release plans

20  for and supervision of sex offenders, the board shall impose a no-

21  contact requirement as a condition of any release prohibiting the

22  defendant from having any contact with the victim or initiating

23  any contact with any other member of the victim's family.  The no-

24  contact requirement shall include a provision that the defendant

25  shall not knowingly reside within one mile of the residence of the

26  victim or knowingly come within, or knowingly remain within, one

27  thousand feet from the residence of the victim.

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