What changes were made to JIS for 2008 legislation for the courts of limited jurisdiction?
Many bills passed in the 2008 legislative session required changes to JIS or documentation.
This answer contains:
- A brief description of each bill and a link to the complete text of the bill on the Washington State Legislature's Web site.
- A summary of the JIS changes for that bill.
- Related links to the updated documentation in the JIS Online Manual, JIS Code Manual for Courts of Limited Jurisdiction, and to other eService Answers.
You may scroll down through this answer to see explanations of the changes, or click on a topic link below to skip directly to the explanation for that change:
1. 2E2SHB 2176 - Interpreter Services
2. EHB 2476 - Tribal Police Officers
3. 2SHB 2479 - Wireless Number Disclosure
4. ESHB 2480 - Public Transportation Fares
5. SHB 2557 - Trial Courts-Operation
6. SHB 2602 - Victims' Employment Leave
7. E2SHB 2647 - Children's Safe Products
8. E2SHB 2712 - Criminal Street Gangs
9. 2SHB 2713 - Convicted Sex Offenders--DNA Identification
10. 2SHB 3104 - Domestic Partnerships
11. ESSB 6606 - Home Inspector Licensing
Updated Bail Schedule
Changes are effective June 12, 2008, unless otherwise noted.
- 2E2SHB 2176 (Ch 291, Laws 2008) amended RCW 2.56.030.
- Instructs the AOC to assist courts in the development and implementation of language assistance plans.
- A new "not held" hearing status code of "I-Continued-Interpreter Unavailable" will assist the court in documenting the need for interpreters. Use the new code on the Hearings Held (HRH) screen.
- A Hyperion query with limits on Court Code, Scheduled Date and Not Held Reason Code=I will identify the cases for research purposes. Contact AOC Customer Services at 1-800-442-2169, Option 4, for assistance with Hyperion queries.
- The following chapter in the JIS Code Manual for Courts of Limited Jurisdiction has been updated: Hearing Status Codes.
2. Tribal Police Officers (Effective 7/1/2008)
- EHB 2476 (Ch 224, Laws 2008) added a new chapter to Title 10 RCW.
- Authorizes tribal police officers to act as general authority Washington peace officers once certain requirements are met.
- The Office of Financial Management (OFM) has review and oversight responsibilities regarding insurance coverage, training of officers, and review of interlocal agreements between the tribal government and local governments that have shared jurisdiction.
- When OFM has approved the information from the sovereign tribal nation, AOC will add a Law Enforcement Agency code for the sovereign tribal nation and notify the courts.
- Courts accepting tickets from the sovereign tribal nation will then use the Organization Association (ORA) screen to associate the LEA to a jurisdiction and add/verify tribal officers in the LEA.
- Requires a subscriber's consent for disclosure of wireless telephone numbers.
- It is expected that the civil suits would be filed in superior court to seek injunctive relief so that the wireless telephone number would no longer be published.
- If the petitioner is only seeking a fine within the jurisdictional limit of the court, however, the civil case could be filed in Courts of Limited Jurisdiction.
- Due to expected low volume for Courts of Limited Jurisdiction, the existing cause code OTH-Other could be used.
4. Public Transportation Fares
- Allows certain public transportation agencies to adopt local civil infraction schedules for: 1) failure to pay the required fare; 2) Failure to display proof of payment, and 3) Failure to depart the bus or other mode of public transportation.
- Transportation agencies may adopt a penalty schedule but cannot exceed penalties for Class 1 infractions as noted in RCW 7.80.120. Be sure to add 105% of the penalty for PSEA. For example, the maximum penalty amount on Class 1 civil infractions is listed in the RCW at $250. After PSEA is added, the penalty amount is $513 after rounding up to the next whole dollar.
- The court must create local laws because each transportation agency may adopt a different penalty schedule.
- Please contact AOC when your court becomes aware that a local transportation agency plans to adopt a penalty schedule and issue infractions. AOC will create a Law Enforcement Agency code. The court would then add the enforcement officers who will issue the tickets, update the Organization Association (ORA) screen, and add local laws.
- See Answer ID: 2008 JIS Law Table Update Bulletin for more details.
5. Trial Courts-Operation (Effective 7/1/2008)
- Raises the claim value or amount allowed on a Civil case from $50,000 to $75,000 for courts of limited jurisdiction.
- Raises the claim value or amount allowed on a Small Claims case from $4,000 to $5,000 for courts of limited jurisdiction.
- No documentation was changed, but the new amounts will be part of edit messages on the civil screens on July 1, 2008.
- Requires employers to provide reasonable leave to employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims.
- Provides an administrative remedy through Washington State Department of Labor & Industries and a civil remedy through the court system.
- A civil case can be filed in Superior Court or Courts of Limited Jurisdiction.
- In Courts of Limited Jurisdiction, use cause code OTH-Other.
7. Children's Safe Products (Effective 7/1/2009)
- E2SHB 2647 (Ch 288, Laws 2008) amended RCW 43.70.660, added new chapter to Title 70 RCW, and created a new section.
- Requires the state to develop numerous safety standards relating to chemicals in products for children. Section 7 creates a new civil penalty for violation of the standards, with the penalty to be paid into the state toxics control account.
- Use civil cause code OTH-Other.
- E2SHB 2712 (Ch 276, Laws 2008) amended and added sections to numerous RCWs.
- The following are authorized under the law: (1) creation of grant programs to target gang crime and graffiti; (2) creation of a statewide gang database through Washington State Patrol and the Washington Association of Sheriffs and Police Chiefs; (3) certain penalties and costs a property owner may recover for graffiti damage (Section 307); and (4) creation of a temporary assistance program for witnesses of gang-related felonies.
- Penalties are increased when an adult involves a minor in a gang-related felony (Section 301.) The list of aggravating factors is expanded to include any crime committed to benefit a gang.
- Courts must impose community custody if a gang member unlawfully possesses a firearm.
- A civil case to recover penalties and costs for graffiti damage may be filed in Superior Court or Courts of Limited Jurisdiction.
- A new cause code PRG-Property Damages-Gangs has been added. The cause code can be used for Civil or Small Claims cases.
- The following chapter in the JIS Code Manual for Courts of Limited Jurisdiction has been updated: Civil Cause Codes.
9. Convicted Sex Offenders-DNA Identification
- The bill expands the list of crimes for which a DNA sample is required. Because some misdemeanors are now included, courts of limited jurisdiction will also assess the DNA fee.
- A fee of $100 is assessed to defendants convicted of specific RCW violations.
- Beginning 6/12/2008, the agency that collects the DNA sample will receive 20% of the $100 fee.
- Because a variety of agencies are responsible for collecting the samples, nine cost fee codes have been added for the Create AR (CAR) screen.
- Each court (or, if desired, a group of courts in a county, such as a superior court and district court) determines which cost fee code to use for each agency in their area.
- Courts should work with the local treasurer's office so that revenue listed on the Remittance Summary Report can be distributed by the treasurer's office to the correct agency.
- The following chapter has been added to the Financial Processing / Receivables section of the JIS Online Manual: DNA Identification Fees.
- The following chapters in the JIS Code Manual for Courts of Limited Jurisdiction have been updated: Cost Fee Codes, BARS Codes, County Department Cross Reference Codes (DCXT).
- 2SHB 3104 (Ch 6, Laws 2008) amended many RCW's including those pertaining to domestic violence, property distribution and dissolution. Certain rights, responsibilities and protections were extended to registered domestic partnerships.
- New family relationship codes of "DPR-Domestic Partner" and "XPR-Former Domestic Partner" are available on the Family Relationship Case (FRC) and Family Relationship History (FRH) screens.
- The new codes should be used only for domestic partnerships registered at the Secretary of State's Office.
- The following chapter in the JIS Code Manual for Courts of Limited Jurisdiction has been updated: Relationship Codes.
- Requires home inspectors to be licensed by the Department of Licensing (DOL) by 9/1/09.
- DOL has the authority to issue civil infractions for certain related violations.
- Fines for these violations must be remitted into DOL's Business and Professions Account.
- BARS code 353.70.07 with a new remit group item for Business and Professions Account has been created. The new BARS code will be used by AOC on the Fine/Penalty Update (FPSU) screen for the new statewide laws. If your court creates local laws for the new violations in the bill, please use the new BARS code.
- The following chapters in the JIS Code Manual for Courts of Limited Jurisdiction have been updated: BARS Codes, County Department Cross Reference Codes (DCXT).
Updated Bail Schedule
A statewide bail schedule is published on the Court Resources/Court Management/Bail Schedule page of the Inside Courts Web site. It includes laws that are effective on June 12, 2008.
A list of new laws from the 2008 legislative session was distributed by Brian Backus, AOC's Court Services, to the District and Municipal Court Managers' Association listserv on May 29, 2008. See Answer ID 2002: 2008 JIS Law Table Update Bulletin for more details.
The bail schedule will be updated:
- Immediately if any changes are made before July 1. (Watch "Updated" date on Web site and document.)
- Early in the last week of June to include laws that are effective on July 1, 2008.
- At least twice a month after 7/1/08.
See also:
RN id: 2006