Passed by the House February 12, 2007 Yeas 96   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 4, 2007 Yeas 46   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1437 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/19/2007. Referred to Committee on Judiciary.
AN ACT Relating to sexual assault protection orders; amending RCW 7.90.020; and adding a new section to chapter 7.90 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 7.90.020 and 2006 c 138 s 5 are each amended to read
as follows:
There shall exist an action known as a petition for a sexual
assault protection order.
(1) A petition for relief shall allege the existence of
nonconsensual sexual conduct or nonconsensual sexual penetration, and
shall be accompanied by an affidavit made under oath stating the
specific statements or actions made at the same time of the sexual
assault or subsequently thereafter, which give rise to a reasonable
fear of future dangerous acts, for which relief is sought. Petitioner
and respondent shall disclose the existence of any other litigation or
of any other restraining, protection, or no-contact orders between the
parties.
(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.
(3) Within ninety days of receipt of the master copy from the
administrative office of the courts, all court clerk's offices shall
make available the standardized forms, instructions, and informational
brochures required by RCW 7.90.180 and shall fill in and keep current
specific program names and telephone numbers for community resources.
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) ((No filing fee may be charged for proceedings under this
chapter.)) Forms and instructional brochures and the necessary number
of certified copies 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.
(6) If the petition states that disclosure of the petitioner's
address would risk abuse of the petitioner or any member of the
petitioner's family or household, that address may be omitted from all
documents filed with the court. If the petitioner has not disclosed an
address under this subsection, the petitioner shall designate an
alternative address at which the respondent may serve notice of any
motions.
NEW SECTION. Sec. 2 A new section is added to chapter 7.90 RCW
to read as follows:
No fees for filing or service of process may be charged by a public
agency to petitioners seeking relief under this chapter. Petitioners
shall be provided the necessary number of certified copies at no cost.