BILL REQ. #:  H-3854.2 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to protecting victims of domestic violence and harassment; amending RCW 9A.46.040, 9A.46.080, 10.99.040, 26.09.013, 43.235.040, and 43.235.050; adding a new section to chapter 10.14 RCW; adding a new section to chapter 10.99 RCW; adding a new section to chapter 26.12 RCW; adding new sections to chapter 26.50 RCW; creating a new section; and prescribing penalties.

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

Sec. 1   RCW 9A.46.040 and 2011 c 307 s 4 are each amended to read as follows:
     (1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:
     (a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;
     (b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.
     (2) ((An intentional)) Willful violation of a court order issued under this section or an equivalent local ordinance is a gross misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW. A certified copy of the order shall be provided to the victim by the clerk of the court.

Sec. 2   RCW 9A.46.080 and 2011 c 307 s 5 are each amended to read as follows:
     The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Willful violation of a court order issued under this section or an equivalent local ordinance is a gross misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.

Sec. 3   RCW 10.99.040 and 2010 c 274 s 309 are each amended to read as follows:
     (1) Because of the serious nature of domestic violence, the court in domestic violence actions:
     (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
     (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
     (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and
     (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
     (2)(a) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.
     (b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
     (c) The no-contact order shall also be issued in writing as soon as possible. By January 1, 2011, the administrative office of the courts shall develop a pattern form for all no-contact orders issued under this chapter. A no-contact order issued under this chapter must substantially comply with the pattern form developed by the administrative office of the courts.
     (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. So long as the court finds probable cause, the court may issue or extend a no-contact order even if the defendant fails to appear at arraignment. The no-contact order shall terminate if the defendant is acquitted or the charges are dismissed. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.
     (4)(a) Willful violation of a court order issued under subsection (2) ((or)), (3), or (7) of this section is punishable under RCW 26.50.110.
     (b) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 26.50 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order."
     (c) A certified copy of the order shall be provided to the victim.
     (5) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. ((Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.))
     (6) Whenever a no-contact order is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.
     (7) All courts shall develop policies and procedures by January 1, 2011, to grant victims a process to modify or rescind a no-contact order issued under this chapter. The administrative office of the courts shall develop a model policy to assist the courts in implementing the requirements of this subsection.

NEW SECTION.  Sec. 4   A new section is added to chapter 10.14 RCW to read as follows:
     (1) A defendant arrested for violating any civil antiharassment protection order issued pursuant to this chapter is required to appear in person before a magistrate within one judicial day after the arrest. At the time of the appearance, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release in accordance with RCW 9A.46.050.
     (2) A defendant who is charged by citation, complaint, or information with violating any civil antiharassment protection order issued pursuant to this chapter and not arrested shall appear in court for arraignment in accordance with RCW 9A.46.050.
     (3) Appearances required pursuant to this section are mandatory and cannot be waived.

NEW SECTION.  Sec. 5   A new section is added to chapter 10.99 RCW to read as follows:
     (1) In cases where a no-contact order issued pursuant to RCW 10.99.040 or 10.99.050 has been terminated, if the court finds that there has been a substantial change in circumstances that warrants the protection of a no-contact order, the court may reissue the no-contact order. In determining whether there has been a substantial change in circumstances, the court's findings must be based in part on an affidavit made under oath by a person with reason to believe that the protection of a no-contact order is necessary, which includes, but is not limited to, a victim, prosecutor, domestic violence advocate, or law enforcement officer. If the petitioner is someone other than the victim, the petitioner shall make all reasonable attempts to notify the victim of the intent to seek a no-contact order. In accordance with RCW 26.50.110, the defendant is not subject to penalties for violations of the no-contact order unless the defendant knows of the order.
     (2)(a) Where irreparable injury could result from domestic violence if a no-contact order under subsection (1) of this section is not issued immediately without prior notice to the defendant, the court may issue a no-contact order on an ex parte temporary basis, pending a full hearing, and grant relief as the court deems proper.
     (b) Irreparable injury under this section includes, but is not limited to, situations in which the defendant has recently threatened a person with bodily injury or has engaged in acts of domestic violence.
     (c) 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.
     (d) An ex parte temporary no-contact order is effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication or by mail. The ex parte temporary no-contact order may be reissued. A full hearing must be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except when service by publication or by mail is permitted, the defendant must be personally served with a copy of the ex parte temporary no-contact order along with a notice of the date set for the hearing.
     (e) Any order issued under this section must contain the date and time of issuance and the expiration date and must be entered into a statewide judicial information system by the clerk of the court within one judicial day after issuance.

Sec. 6   RCW 26.09.013 and 2007 c 496 s 401 are each amended to read as follows:
     In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or emotional harm and in order to facilitate consistent healthy contact between both parents and their children:
     (1) Parties and witnesses who require the assistance of interpreters shall be provided access to qualified interpreters pursuant to chapter 2.42 or 2.43 RCW. To the extent practicable and within available resources, interpreters shall also be made available at dissolution-related proceedings.
     (2) Parties and witnesses who require literacy assistance shall be referred to the multipurpose service centers established in chapter 28B.04 RCW.
     (3) In matters involving guardians ad litem((s)), the court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional review. Counties may, and to the extent state funding is provided therefor counties shall, provide indigent parties with guardian ad litem services at a reduced or waived fee.
     (4) Parties may request to participate by telephone or interactive videoconference. The court may allow telephonic or interactive videoconference participation of one or more parties at any proceeding in its discretion. The court may also allow telephonic or interactive videoconference participation of witnesses.
     (5) In cases involving domestic violence or child abuse, if residential time is ordered, the court may:
     (a) Order exchange of a child to occur in a protected setting;
     (b) Order residential time supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the supervisor is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor if the court determines, after a hearing, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. If the court allows a family or household member to supervise residential time, the court shall establish conditions to be followed during residential time.
     (6) In cases involving domestic violence or child abuse, the court may not require a victim of domestic violence or the custodial parent of a victim of child abuse to disclose information that would reasonably be expected to enable the perpetrator of domestic violence or child abuse to obtain confidential information regarding the name, location, or address of a victim's residence, employer, or school.
     (7) In cases in which the court finds that the parties do not have a satisfactory history of cooperation or there is a high level of parental conflict, the court may order the parties to use supervised visitation and safe exchange centers or alternative safe locations to facilitate the exercise of residential time.

Sec. 7   RCW 43.235.040 and 2000 c 50 s 4 are each amended to read as follows:
     (1) An oral or written communication or a document shared within or produced by a ((regional)) domestic violence fatality review panel related to a domestic violence fatality review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a ((regional)) domestic violence fatality review panel, or between a third party and a ((regional)) domestic violence fatality review panel is confidential and not subject to disclosure or discovery by a third party. Notwithstanding the foregoing, recommendations from the ((regional)) domestic violence fatality review panel and the coordinating entity generally may be disclosed minus personal identifiers.
     (2) The ((regional)) review panels, only to the extent otherwise permitted by law or court rule, shall have access to information and records regarding the domestic violence victims and perpetrators under review held by domestic violence perpetrators' treatment providers; dental care providers; hospitals, medical providers, and pathologists; coroners and medical examiners; mental health providers; lawyers; the state and local governments; the courts; and employers. The coordinating entity and the ((regional)) review panels shall maintain the confidentiality of such information to the extent required by any applicable law.
     (3) The ((regional)) review panels shall review, only to the extent otherwise permitted by law or court rule when determined to be relevant and necessary to an investigation, guardian ad litem reports, parenting evaluations, and victim impact statements; probation information; mental health evaluations done for court; presentence interviews and reports, and any recommendations made regarding bail and release on own recognizance; child protection services, welfare, and other information held by the department; any law enforcement incident documentation, such as incident reports, dispatch records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call taker's reports; corrections and postsentence supervision reports; and any other information determined to be relevant to the review. The coordinating entity and the ((regional)) review panels shall maintain the confidentiality of such information to the extent required by any applicable law.

Sec. 8   RCW 43.235.050 and 2000 c 50 s 5 are each amended to read as follows:
     If acting in good faith, without malice, and within the parameters of this chapter and the protocols established, representatives of the coordinating entity and the statewide and regional domestic violence fatality review panels are immune from civil liability for an activity related to reviews of particular fatalities.

NEW SECTION.  Sec. 9   A new section is added to chapter 26.12 RCW to read as follows:
     The court shall act in accordance with the requirements of the address confidentiality program pursuant to chapter 40.24 RCW in the course of all proceedings under this title. A court order for address confidentiality program participant information may only be issued upon completing the requirements of RCW 40.24.075.

NEW SECTION.  Sec. 10   A new section is added to chapter 26.50 RCW to read as follows:
     (1) Except as otherwise provided in subsection (2) of this section, no court or administrative body may compel any person or domestic violence program as defined in RCW 70.123.020 to disclose the name, address, or location of any domestic violence program, including a shelter or transitional housing facility location in any civil or criminal case or in any administrative proceeding.
     (2)(a) A court may compel disclosure of the name, address, or location of a domestic violence program only if the court finds, following a hearing, that there is clear and convincing evidence that failure to disclose would be likely to result in an imminent risk of serious bodily harm or death to a domestic violence victim or another person. In a proceeding where the domestic violence program is a party to the proceeding, a court may compel disclosure of the name, address, or location of a domestic violence program if the court finds that such information is necessary and relevant to the facts of the case.
     (b) A court may only compel the disclosure of the name, address, or location of a domestic violence program following a written pretrial motion made to a court stating that discovery is requested of the information about the domestic violence program. The written motion must be accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested, and the court shall review the domestic violence program's information in camera to determine whether disclosure is permitted under (a) of this subsection.
     (c) In any proceeding where the confidential name, address, or location of a domestic violence program is ordered to be disclosed, the court shall additionally order that the parties be prohibited from further dissemination of the confidential information, and that any portion of any records containing such confidential information be sealed.
     (3) Any person who obtains access to and releases confidential information about the location of a domestic violence program for any purpose other than required by a court proceeding is guilty of a civil infraction carrying a maximum penalty and default amount of five hundred dollars, unless such release is authorized by a court order or is made with the written authorization of the person or persons responsible for the operation of the domestic violence program. This subsection does not apply to a current or former domestic violence program participant.
     (4) Any person who obtains access to and intentionally and maliciously releases confidential information about the location of a domestic violence program for any purpose other than required by a court proceeding is guilty of a gross misdemeanor.

NEW SECTION.  Sec. 11   A new section is added to chapter 26.50 RCW to read as follows:
     (1) The Washington state institute for public policy shall conduct a statewide study to assess recidivism by domestic violence offenders involved in the criminal justice system, examine effective community supervision practices of domestic violence offenders as it relates to Washington state institute for public policy findings on evidence-based community supervision, and assess domestic violence perpetrator treatment. The institute shall report recidivism rates of domestic violence offenders in Washington, and if data is available, the report must also include an estimate of the number of domestic violence offenders sentenced to certified domestic violence perpetrator treatment in Washington state and completion rates for those entering treatment.
     (2) The study must be done in collaboration with the Washington state gender and justice commission and experts on domestic violence and must include a review and update of the literature on domestic violence perpetrator treatment, and provide a description of studies used in meta-analysis of domestic violence perpetrator treatment. The institute shall report on other treatments and programs, including related findings on evidence-based community supervision, that are effective at reducing recidivism among the general offender population. The institute shall survey other states to study how misdemeanor and felony domestic violence cases are handled and assess whether domestic violence perpetrator treatment is required by law and whether a treatment modality is codified in law. The institute shall complete the review and report results to the legislature by January 1, 2013.

NEW SECTION.  Sec. 12   If specific funding for the purposes of section 11 of this act, referencing section 11 of this act by bill or chapter number and section number, is not provided by June 30, 2012, in the omnibus appropriations act, section 11 of this act is null and void.