Which laws passed during the 2022 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?

 

A number of bills passed during the 2022 legislative session impact the Courts of Limited Jurisdiction (CLJ).

This answer contains:

  • The Bill number and a link to the complete text of the bill from the Washington State Legislature's Web site.
  • A brief summary of the changes or additions created by the bill.
  • Court Awareness/Court Impact/Court Action section addresses the specific system, code, law table, or form changes due to the bill. Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
  • Effective date of the law.
  • Updated items will be documented with *** and the update item will be highlighted.
  • Select the bill name in the table of contents below to advance directly to the details for the bill. 

 

TABLE OF CONTENTS

Legislative Law Table Updates for Courts of Limited Jurisdiction are available at the bottom of this answer.

2SHB 1210 – Cannabis Terminology

  • Bill # 1210
  • Summary - Replaces the term “marijuana” with the term “cannabis” throughout the Revised Code of Washington and requires the Liquor and Cannabis Board to use expedited rulemaking to replace the term “marijuana” with the term “cannabis” throughout Title 314 of the Washington Administrative Code. Clarifies that the term “marijuana” as used under federal law generally refers to the term “cannabis” used throughout the Revised Code of Washington.
  • Court Awareness – “Marijuana” will be updated to “Cannabis” wherever located, including but not limited to:
    1. Bench Books
    2. Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records brochure will be updated and available on the Resources, Publications, and Reports page on the Washington Courts website.
    3. Laws containing the word “marijuana”. The list of law table changes can be found at the bottom of this answer.
    4. Pattern forms.  When the forms are published the Summary of Changes to Forms page on the Washington Courts website will be updated.
      • The court should review any local forms for possible changes.
  • Court Impact – The Case Condition Code NMJ – No Marijuana Use or Possession is being made obsolete and a new code NCU – No Cannabis Use or Possession is being added.
  • Effective – June 9, 2022, except as defined below:
    • Sec. 171. Sections 4, 8, 85, and 87 of this act expire July 1, 2023.
    • Sec. 172. Sections 5, 9, 86, and 88 of this act take effect July 1, 2023.
    • Sec. 173. Sections 64 and 67 of this act expire July 1, 2024.
    • Sec. 174. Sections 65 and 68 of this act take effect July 1, 2024.
    • Sec. 175. Section 10 of this act expires July 1, 2030.


  • Bill # 1412
  • Summary - Addresses legal financial obligations (LFOs). Gives judicial discretion, at any time, to waive, or reduce restitution, and the accrual of interest on restitution owed to an insurer or state agency (other than Labor and Industries crime victim compensation) if an individual does not have the current or future ability to pay. Revises the standard of indigency. Allows a defendant to petition to remit, modify or convert unpaid restitution or fines to community restitution hours if unable to pay, the failure was not willful, and payment would pose a manifest hardship, such as indigence. Allows court discretion to waive any restitution interest under RCW 10.82.090, after certain factors are considered and victim and offender input provided.
  • Court Awareness – “Legal financial obligations” is now defined for courts of limited jurisdiction in chapter 3.66 RCW to mean: “a sum of money that is ordered by a district or municipal court of the state of Washington for legal financial obligations which may include restitution to the victim, court costs, county or interlocal drug funds, court-appointed attorney’s fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as the result of a conviction.  Legal financial obligations may also include payment to a public agency for the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.”
  • Court Impact – The RCW for the definition of indigent has changed from RCW 10.101.010(3)(a) through (d), to RCW 10.01.160(3).  Local court forms that have the RCW for the definition of indigent listed will need updated with the new RCW.
  • Effective – January 1, 2023

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ESHB 1630 – Establishing Restrictions on the Possession of Weapons in Certain Locations

  • Bill # 1630                                                            
  • Summary - Amends possession of dangerous weapons on school grounds (RCW 9.41.280) to include areas or facilities while being used for official meetings of a school board district or directors.  Amends open carry of weapons prohibited on state capitol grounds (RCW 9.41.305) to restrict knowing possession of a firearm in local government buildings (city, town, or municipality) when used for a public or private meeting or hearing of the governing body. Adds a new section to RCW 9.41 that restricts knowingly carrying or possession of a firearm or dangerous weapon into election-related facilities which include the following: a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office or areas of facilities while being used for these purposes.  Defines what constitutes a dangerous weapon, which includes air guns, stun guns, devices used or intended to be used to injure a person by an electric shock or impulse, and spring blade knives.
  • Court Knowledge – There is a new misdemeanor for first-time offense, and gross misdemeanor for subsequent convictions.
    1. The list of law table changes can be found at the bottom of this answer.
  • Court Impact –
    1. Convictions for restrictions on weapons in voting and school board facilities will result in a concealed pistol license ban and revocation for a period of three years.
      • The court must notify the Department of Licensing of the revocation.
    2. Pattern forms will be updated.
  • Effective - June 9, 2022

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ESHB 1705 – Concerning Ghost Guns (Untraceable)

  • Summary - Creates a civil infraction with a maximum penalty of $500 for untraceable firearms, unfinished frames, or receivers and amends definitions included in RCW 9.41.010.  A new section is added to RCW 9.41 that restricts manufacture, assemble, or cause to be assembled of an untraceable firearm. Knowing or reckless possession, transportation, or receiving of an untraceable firearm is restricted after March 10, 2023. Knowing or reckless possession, transportation, or receiving an unfinished frame or receiver after March 10, 2023, unless (a) the person is a law enforcement agency or a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or (b) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
  • Court Awareness – Adds two new civil infractions, two new misdemeanors and four gross misdemeanors. The new infractions will be added for Untraceable Firearms and Untraceable frames/receivers, both will have a penalty of $1025, including statutory assessments.
    1. The list of law table changes can be found at the bottom of this answer.
  • Effective - July 1, 2022

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SHB 1706 – Truck Drivers Use of Restrooms

  • Bill # 1706
  • Summary - Requires port terminal operators to provide sufficient restrooms for use by drayage truck operators (defined), including at least one restroom that is a private space suitable for and dedicated to expressing breast milk, in areas of the terminal that truck operators typically access.
  • Court Awareness - Grants Department of Health and Department of Labor and Industries jurisdiction to enforce these requirements. Department of Health may issue a warning letter to the port terminal operator for a first violation.
  • Court Knowledge – Creates a new Class 2 civil infraction for subsequent violations after receiving a warning letter.
    1. The list of law table changes can be found at the bottom of this answer.
  • Effective – June 9, 202

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ESHB 1793 – Electric Vehicles and Home Owner Associations

  • Bill # 1793
  • Summary - Specifies procedures for the installation of electric vehicle charging stations in common interest communities, including application and insurance requirements, and prohibits owners’ associations from unreasonably restricting their installation or use. Clarifies that unit owners are responsible for all costs.
  • Court Knowledge - Establishes that an association that willfully violates the requirements is liable to the lot owner for actual damages and a civil penalty not to exceed $1,000, and in any action by a lot owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with the requirements, the court shall award reasonable attorneys’ fees and costs in any action by a lot owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance.
    1. No new Civil Cause Codes will be added for these filings.  Please use the existing code OTH – Other.
  • Effective – June 9, 2022

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E2SHB 1815 – Catalytic Converter Theft

  • Bill # 1815
  • Summary - Creates requirements for scrap metal business documentation and procedures regarding identification of items and sellers, and allowable transaction types. Requires vehicle wreckers to maintain records regarding catalytic converter transactions. Facilitating the offer of used catalytic converters without verifying proof of ownership subjects a violator to damages as an unfair or deceptive practice under the Consumer Protection Act RCW 19.86. Metal property offenses under RCW 9A.56.419 subject to $1000 fine per catalytic converter in addition to any fines imposed as part of the sentence; *ten percent of the funds to be directed to the no-buy list database program under RCW 43.43.885 and ninety percent of the funds to be directed to the Washington Association of Sheriffs and Police Chiefs grants targeting metal theft under RCW 36.28A.240.
  • Court Knowledge – The Metal property offenses under RCW 19.290.070 has been recodified under RCW 9A.56.419 due to this bill.  The list of law table changes can be found at the bottom of this answer.
  • Court Impact – Effective July 1, 2022, Scrap Metal Violations are subject to an additional fine of $1,000 per converter.
    1. A new Cost Fee Code is being created to track when the $1,000 per converter fine is imposed. 
  • Effective – Immediately (March 30, 2022), except section 4 takes effect May 1, 2022, sections 5 through 7 are effective July 1, 2022

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HB 1825 – Single Judge Courts

  • Bill # 1825
  • Summary - Establishes standards governing the designation, appointment, and authority of presiding judges pro tempore in single judge courts. Defines a “single judge court” as a court or judicial district that has only one judge.
  • Court Knowledge –  If the presiding judge in a single judge court is unable to fulfill the duties of their office due to illness, incapacity, resignation, death, or unavailability, and either (1) no person has been previously designated by the presiding judge to serve as the presiding judge pro tempore; or (2) the previously designated presiding judge pro tempore resigns, is removed from office, or is no longer able to serve; then the Chief Justice may appoint another judicial officer or other qualifying person to serve as presiding judge pro tempore.
    1. Authorizes the Chief Justice to appoint a new presiding judge pro tempore to a single judge court to replace the predesignated or previously appointed presiding judge pro tempore whenever the Chief Justice determines the administration of justice would be better served by doing so. Changes will be made to the following pattern forms and published by the effective date:
    2. Requires the Chief Justice to consult with the local legislative and executive authorities before removing or appointing a presiding judge pro tempore for a single judge court

Proposed court rules published for comment at: https://www.courts.wa.gov/court_rules/?fa=court_rules.proposedRuleDisplay&ruleId=6000

  • Effective – June 9, 2022

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SHB 1901 – Civil Protection Orders

  • Summary - The bill amends RCW 7.105, as the trailer bill to HB 1320 passed during the 2021 Legislative session. Adds coercive control to the definition of domestic violence. Removes municipal court jurisdiction for entry of protection orders.  Makes clarifications regarding information that petitioners must provide regarding respondent’s possession of firearms, and notice and surrender requirements and procedures. Extends forms creation deadline for AOC to December 30, 2022. Clarifies circumstances in which personal service must be attempted, and circumstances under which electronic service is allowable, including role of law enforcement in attempting service. Addresses issues relating to confidential information form. Clarifies rebuttable presumption of including children in orders as well as processes for adding children following entry of final order via modification.
  • Court Awareness -
    1. Law enforcement members who are petitioners may participate remotely.
    2. Provides recommendations to courts in assisting parties in maintaining confidentiality of location during hearings.
    3. Clarifies sufficiency of notice when respondent appears for hearing and voluntarily leaves prior to conclusion of hearing.
    4. Directs law enforcement to assist in recovery of firearms, and standby in removal of personal items from residence.
    5. Directs individuals arrested in violation of a protection order (except for extreme risk protection orders) to appear before the court within one day to determine whether no-contact order or other conditions of pretrial release are needed. If not arrested, individual has 14 days to appear. Appearances are mandatory and cannot be waived.
    6. Clarifies if petitioner meets criteria for different order, the petitioner’s preference will be considered and judicial officers shall enter a temporary protection order and set for a hearing as appropriate under the law.
  • Court Impact -
    1. Requires courts to make print and digital information regarding calendars, transfer procedures and judicial officer assignments available to the public.
    2. Requires clerks to make available to judicial officers electronically any protection orders filed within the state and expands methods and time windows for filing of petitions.
    3. Removes requirement that children be referred to by only initials and birthday.
    4. Clarifies requirements for holding full hearing following ex parte requests for emergency relief, and time windows for petition amendments.
    5. Pattern form changes.  Potential Event/Docket code changes.
  • Effective – July 1, 2022 except sections 9 -14 (effectively immediately), section 47 (effective immediately), section 37 (effective July 1, 2023)

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SHB 1961 – Name Change Fee Waivers

  • Bill # 1961
  • Summary - Requires district courts to waive all fees for filing and recording a name change order, including county auditor’s fees, upon affidavit by the person seeking the name change that they are unable to pay the fees due to financial hardship.
  • Court Awareness – Updates name change civil procedure (RCW 4.24.130) to include gender neutral terminology.  Prohibits the court from waiving the fees if the person requesting the name change order has received victim compensation for name change fees.
  • Court Impact – Courts will need to work with their county auditors or recording officers to determine the local process for documenting and providing notice of a recording fee being waived as authorized under this act.
  • Effective - July 1, 2022

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ESSB 5078 – Firearm Safety Measures to Increase Public Safety

  • Bill # 5078
  • Summary - Amends RCW 9.41.010 to include a definition of large capacity magazine as well as ammunition feeding device, tubular magazine, distribute, .22 caliber tube, and import. Definitions will be within new section 36 of RCW 9.41.010. Amends RCW 9.41.010 to include definitions of “distribute” and “import.” New section is added to RCW 9.41 (Firearms and dangerous weapons). A person may not manufacture, import, sell, or distribute a large capacity magazine. Violation is a gross misdemeanor.
  • Court Awareness – A new gross misdemeanor is created for manufacture, import, distribute, sell, or offer for sale any large capacity magazines.
    1. The list of law table changes can be found at the bottom of this answer.
  • Effective - July 1, 2022

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ESSB 5531 – Revised Uniform Unclaimed Property Act

  • Bill # 5531
  • Summary - Creates Revised Uniform Unclaimed Property Act; clarifies when certain property presumed abandoned; requires holders of such property to deliver it to Department of Revenue (DOR); establishes procedures for DOR to take custody of such property and specifies what may be done with it; clarifies procedure for holders and apparent owners seeking to recover such property; modifies how long courts may retain property; and provides for administrative and judicial review of DOR decisions.
  • Court Knowledge – The length of time the courts must hold unclaimed property is reduced from 2 years to 1 year.  The Eligible Unclaimed Property Report in JIS being updated to select cases that are potentially eligible, due to being posted or placed on hold, 1 year prior to June 30th of the year the report is run.  There is no change to the court’s process for reviewing the eligible cases that display on the report. 
  • Court Impact – RCW 63.29.130 which allows the courts to retain and remit to the local city or county treasurer any overpayment amounts of $10 or less is repealed.  Beginning January 1, 2023 courts will no longer be able to retain any overpayments. 
    1. Courts will need to change the “Remit Overpayments of” field in the Court Profile Maintenance Screen to $0.00 by December 31, 2022.
  • Effective - January 1, 2023

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SSB 5548 – Child Custody Transfers

  • Bill # 5548
  • Summary - Adds a new chapter to RCW Title 26 called the Uniform Unregulated Child Custody Transfer Act.  Prevents a parent or guardian from informally transferring custody of a child to another with the intent to abandon rights and responsibilities related to the child except through certain channels: adoption, guardianship, judicial award of custody, via a child placement agency, through other tribal or judicial action, or when transferring a newborn to a qualified person. Prohibits advertising of custody transfers by unlicensed or unauthorized persons or entities.
  • Court Awareness – Violation of the Uniform Unregulated Child Custody Transfer Act is a gross misdemeanor.  DCYF is required to investigate if reasonable basis to believe a violation has occurred.
    1. The list of law table changes can be found at the bottom of this answer.
  • Effective - June 9, 2022

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ESSB 5628 – Concerning Cyber Harassment

  • Bill # 5628
  • Summary - Amends RCW 9.61.260, renames cyberstalking to cyber harassment, and creates new definition for cyberstalking. Cyber harassment is defined as a crime in which a person, with intent to harass or intimidate any other person, makes an electronic communication to that person or a third party. Cyber harassment includes a threat to kill; harassment towards a criminal justice participant or elected official performing their official duties or because of an action or decision made while performing their official duties; cyber harassment in violation of a protection order; the victim is cyberstalked to retaliate for an act the victim performed during the performance or to influence the victim’s official duties; the victim is a current, former, or prospective witness in an adjudicative proceeding, and the person cyberstalked to retaliate against the victim’s testimony or potential testimony. Reasonable person standard used to determine if a threat rises to the level of cyber harassment. RCW 9.61.260 includes new definitions of criminal justice participant and elected official. RCW 9A.90.030 includes definition of an electronic tracking device.
  • Court Knowledge – Cyber harassment is a gross misdemeanor, but rises to a Class C felony level if offender has been previously convicted for cyber harassment of the same victim, victim’s family, or household, cyber harasses another person by threatening to kill that person or third party, cyber harasses a criminal justice participant or election official who is performing their official duties or because of an action taken or decision made during the performance of their official duties, or commits cyber harassment in violation of a protection order. 
    1. New section is added to RCW 9A.90 (Cybercrimes) in which installation of an electronic tracking device without the person knowing and lace of consent is a gross misdemeanor if not a felony attempt of another crime.
    2. All current Cyberstalking laws will be end dated and the new Cyber Harassment laws will be added to the law tables.
    3. The list of law table changes can be found at the bottom of this answer.
  • Court Impact - Changes will be made to pattern forms to update “cyberstalking” to “cyber harassment”.
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms.
    2. A list of pattern form changes can be found at the bottom of this answer.
  • Effective - June 9, 2022 - except sections 8, 9, 11, 13, and 15 are effective July 1, 2022

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2SSB 5664 – Forensic Competency Restoration Programs

  • Bill # 5664
  • Summary - In the context of chapter 10.77 RCW, this bill aligns performance targets for competency restoration services revised to provide minimum and maximum time limits with Trueblood v. DSHS. If a defendant is transferred from an outpatient program to an inpatient program, the treatment time must be reduced by the defendant’s active time in the previous outpatient program, not including any time the defendant was inactive in outpatient treatment. Provides that any party may request DSHS perform a competency check if the person remains in jail more than 21 days after service of the order so long as notice is sent to all parties. Adds an emergency clause stating the act takes effect immediately.
  • Court Awareness – Changes will be made to the 10.77 RCW pattern forms.
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms.
    2. A list of pattern form changes can be found at the bottom of this answer.
  • Effective – June 9, 2022

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ESSB 5689 – Supplemental Transportation Budget Appropriations

  • Bill # 5689
  • Summary – Section 109 of the Transportation Budget Bill creates a work group to review the legal findings and holdings by the Washington Supreme Courte in City of Seattle v. Long and to make recommendations in amending provisions concerning the towing and impound of vehicles under chapter 46.55 RCW.   The work group’s findings and recommended legislative changes will be submitted to the legislature and the governor by December 1, 2022.
  • Court Awareness - The work group stakeholders must include municipal court representatives.
  • Effective – March 25, 2022

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ESSB 5974 – Addressing Transportation Resources

  • Bill # 5974
  • Summary – Section 424 of the Transportation Resources bill adds additional violations that can be photo enforced in any city.  Additionally, it requires that any city that operates an automated traffic safety camera for the new violations, or for speeding violations currently allowed in limited cities, must remit 50% of the noninterest money received for the photo enforced infraction in excess of the cost to install, operate, administer, and maintain the cameras, including the costs of processing the infractions.  Monies remitted under this subsection shall be deposited in the Cooper Jones active transportation safety account.
  • Court Awareness – New photo enforced violations allowed in all cities in June 2025:
    1. Speed in a school walk area
    2. Speed in a public park speed zone
    3. Speed in a hospital speed zone
  • Court Knowledge – Because the amount to be sent to the Cooper Jones active transportation safety account can vary by city, the city treasurer will need to determine the appropriate portion to remit.  The AOC systems will be set up to remit the fines as 100% local.
  • Effective – Sec 424 - June 30, 2025; rest of bill effective July 1, 2022.

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File Attachments:  2022 Legislative Law Table Impacts codified.pdf (446.92 KB) Microsoft Word document 2022 Legislative Forms Impacts.docx (27.42 KB)

 

RN: 2560