HOUSE BILL REPORT

SSB 5142

As Amended by the House

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge, Lee, Bottiger, Moore and Rinehart)

Providing protection from unlawful harassment.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (12)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Heavey, P. King, Moyer, Niemi, Schmidt, Scott, Wang and Wineberry.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Hargrove, Padden and Patrick.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

Current law provides criminal penalties for harassment.  It is a crime to threaten to injure or harm another.  An express threat must be made to the victim under criminal law where the victim is subjected to a continued pattern of serious harassment, arrest is difficult because in many cases there is no specific threat of harm.

SUMMARY:

Victims of unlawful harassment are provided with a method of obtaining protection orders preventing unwanted contact between the victim and the harasser.  "Unlawful harassment" is defined as a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses such person, and which serves no legitimate or lawful purpose.  The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the victim.  A set of factors the court must consider in deciding whether the conduct serves any legitimate or lawful purpose is provided.

A victim of unlawful harassment may petition the superior court for a civil antiharassment protection order.  At the time the petition is filed, the victim can also request the court to issue a temporary antiharassment protection order which will remain in effect for up to 14 days.

A hearing must be held on the victim's petition within 14 days after it is filed.  If the court finds that unlawful harassment has taken place, it shall issue a civil antiharassment protection order which can remain in effect for up to one year.  In granting antiharassment protection orders, the court is given broad discretion to grant such relief as the court deems proper.

A respondent who willfully disobeys an antiharassment protection order is guilty of a gross misdemeanor and may also be subject to contempt of court penalties.  The municipal and district courts shall have jurisdiction of any criminal actions brought under this chapter.

A petitioner may not obtain a third ex parte temporary antiharassment protection order if the petitioner has previously obtained two such orders against the same respondent but has failed to obtain the issuance of a permanent antiharassment protection order unless good cause for such failure can be shown.

Antiharassment protection provisions cannot interfere with constitutionality protected rights, including freedom of speech and assembly.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    John Laddenburg, Washington Association of Prosecuting Attorneys; Steve Eckstrom, Washington Association of Prosecuting Attorneys.

House Committee - Testified Against:      Jerry Sheehan, ACLU.

House Committee - Testimony For:    Criminal laws on harassment do not address harassment where no threat is directly made, but where harassment exists through conduct which causes distress (and indirectly threatens the victim).  This act creates civil procedures similar to restraining orders to assist the victim earlier than is available in criminal laws, and can assist the victim in many instances where criminal law now does not.

House Committee - Testimony Against:      The bill would allow a private party to enlist the state to get back at political opponents.  Other statutes already cover this area.