| Passed by the House February 28, 2007 Yeas 97 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2007 Yeas 48 ________________________________________ 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 SUBSTITUTE HOUSE BILL 1555 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 02/02/07.
AN ACT Relating to sexual assault protection orders; and amending RCW 7.90.005, 7.90.030, and 7.90.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 7.90.005 and 2006 c 138 s 1 are each amended to read
as follows:
Sexual assault is the most heinous crime against another person
short of murder. Sexual assault inflicts humiliation, degradation, and
terror on victims. According to the FBI, a woman is raped every six
minutes in the United States. Rape is recognized as the most
underreported crime; estimates suggest that only one in seven rapes is
reported to authorities. Victims who do not report the crime still
desire safety and protection from future interactions with the
offender. Some cases in which the rape is reported are not prosecuted.
In these situations, the victim should be able to seek a civil remedy
requiring that the offender stay away from the victim. It is the
intent of the legislature that the sexual assault protection order
created by this chapter be a remedy for victims who do not qualify for
a domestic violence order of protection.
Sec. 2 RCW 7.90.030 and 2006 c 138 s 3 are each amended to read
as follows:
(1) A petition for a sexual assault protection order may be filed
by a person:
(((1))) (a) Who does not qualify for a protection order under
chapter 26.50 RCW and who is a victim of nonconsensual sexual conduct
or nonconsensual sexual penetration, including a single incident of
nonconsensual sexual conduct or nonconsensual sexual penetration; or
(((2))) (b) On behalf of any of the following persons who is a
victim of nonconsensual sexual conduct or nonconsensual sexual
penetration and who does not qualify for a protection order under
chapter 26.50 RCW:
(((a))) (i) A minor child;
(((b))) (ii) A vulnerable adult as defined in RCW 74.34.020 or
74.34.021; or
(((c))) (iii) Any other adult who, because of age, disability,
health, or inaccessibility, cannot file the petition.
Sec. 3 RCW 7.90.110 and 2006 c 138 s 12 are each amended to read
as follows:
(1) An ex parte temporary sexual assault protection order shall
issue if the petitioner satisfies the requirements of this subsection
by a preponderance of the evidence. The petitioner shall establish
that:
(a) The petitioner has been a victim of nonconsensual sexual
conduct or nonconsensual sexual penetration by the respondent; and
(b) There is good cause to grant the remedy, regardless of the lack
of prior service of process or of notice upon the respondent, because
the harm which that remedy is intended to prevent would be likely to
occur if the respondent were given any prior notice, or greater notice
than was actually given, of the petitioner's efforts to obtain judicial
relief.
(2) If the respondent appears in court for this hearing for an ex
parte temporary order, he or she may elect to file a general appearance
and testify. Any resulting order may be an ex parte temporary order,
governed by this section.
(3) If the court declines to issue an ex parte temporary sexual
assault protection order, the court shall state the particular reasons
for the court's denial. The court's denial of a motion for an ex parte
(([temporary])) temporary order shall be filed with the court.
(4) A knowing violation of a court order issued under this section
is punishable under RCW 26.50.110.