Which laws passed during the 2013 Washington State Legislative session impact the superior courts and juvenile department, and how are they impacted?


A number of bills passed during the 2013 legislative session that impact the superior courts or juvenile departments.


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 action needed or court awareness 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.
  • The answer may be updated as additional information becomes available. Updated items will be documented with *** and the Court Impact or Court Awareness title will be highlighted.
  • Select the bill name in the table of contents below to advance directly to the details for the bill. Click the "Return to Top" link at the bottom of any bill section to return to the top of this answer.

TABLE OF CONTENTS

Educating Parents of the Harmful Effects of Parental Abduction

  • Bill # 1021
  • Summary - This bill amends Chapter 26.09 RCW - Dissolution Proceedings. The bill requires a pamphlet regarding the harmful effects of parental abduction in child custody cases be developed by AOC. The pamphlet must then be provided by the courts to the parties in child custody cases in any packet of information or materials provided.
  • Court impact - The pamphlet has been created by AOC. To view and download the brochure, go to the bottom of this answer or go to the Resources, Publications, and Reports page of the public web site and look under the "Brochures" section.
  • Effective: 7/28/2013

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Collaborative Law Act

  • Bill # 1116
  • Summary -This bill adds a new chapter to Title 7 RCW (Special Proceedings and Actions) called the Uniform Collaborative Law Act. "Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which people: (a) Sign a collaborative law participation agreement; and (b) Are represented by collaborative lawyers. "Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement. "Tribunal" means: A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or (b) A legislative body conducting a hearing or similar process. The use of collaborative law applies only to matters that would be resolved in civil court and may not be used to resolve matters in criminal cases.  
  • Court impact - Two new Case Management Status Codes have been added for documenting when a civil case has entered into a Collaborative Law Agreement:
    • CLP - In Collaborative Law Process
    • RCLP - Return from CLP
  • Four new Docket Codes have also been added:
    • NTCLP - Notice of Agreement to Participate in CLP (Changes the Case Status to CLP)
    • NTCLPC - Notice of Conclusion of CLP (Changes the Case Status to RCLP)
    • CLPAG - Coll Law Participation Agreement
    • CLPST - Coll Law Process Status Report
  • Effective: 7/28/2013

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 Seafood Labeling

  • Bill #1200
  • Summary -Department of Agriculture violations under Chapter 69.04 RCW are amended to modify the violations related to mislabeling or misbranding fish and shellfish. A violation under this chapter will be either a misdemeanor, gross misdemeanor, or a felony depending on the fair market value of the fish or shellfish involved.
  • Court awareness - The SCOMIS law table has been updated; a list of the law table changes can be found attached to the bottom of this answer. 
  • Effective: 7/28/2013

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 Derelict and Abandoned Vessels

  • Bill #1245
  • Summary - Regarding derelict and abandoned vessels in state waters. This bill amends RCW 88.02.380 to change violations under this law to Class 2 Civil Infractions. Money collected under this section must be credited to the ticketing jurisdiction and used only for the support of the enforcement agency, department, division, or program that issued the violation after the subtraction of court costs and administrative collection fees. The misdemeanors previously listed in this chapter will be removed from the law tables by the effective date of this bill.

    A new section is added to Chapter 79.100 RCW that allows an officer or employee of an authorized public entity or the department of ecology to apply for and obtain an administrative search warrant in either Thurston County Superior Court or the superior court in the county where a vessel is located, unless a warrant is not otherwise required by law. The search warrant must be obtained prior to boarding any vessel under the authority of this section.

    RCW 79.100.060 is amended to allow a vessel owner or any person or entity that has incurred secondary liability under section 38 of this bill to seek reimbursement of costs. If the full amount of all costs due to the authorized public entity under this chapter is not paid to the authorized public entity within thirty days after first notifying the responsible parties of the amounts owed, the authorized public entity or the department may bring an action in any court of competent jurisdiction to recover the costs, plus reasonable attorneys' fees and costs incurred by the authorized public entity.

    RCW 88.26.020 is also amended to allow hearings to be held related to the validity of the impound of the vessel. The impound validity hearings are to be filed in the superior court of the county where the vessel was impounded.
  • Court awareness -
    • The existing search warrant process shall be used to process the search warrants authorized under Chapter 79.100 RCW.
    • Superior courts should use the SCOMIS Cause Code MSC (Miscellaneous) for filing either the action related to recovering costs or for filing the vessel impound lawsuits filed to determine if the impound was proper or improper.
  • Effective: 7/28/2013

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Incarcerated Persons-Parents-Proceedings Involving Children

  • Bill # 1284
  • Summary - Concerning the rights of parents who are incarcerated. This bill amends RCW 13.34.067 to require that if a case conference is convened and the parent is unable to participate in person due to incarceration, then the parent must have the option to participate through the use of a teleconference or video conference.
  • Court impact -A new sub-docket code has been added to document a good cause exception:
    • IPM - Incarcerated Parent-Meaningful Relationship with Child
    • This Docket Code manual has been updated with the new code.
  • Effective: 7/28/2013

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 Sex Trafficking-Victim Services

  • Bill # 1291
  • Summary - Concerning services for victims of the sex trade. This bill adds a new section to Chapter 43.280 RCW which establishes the statewide coordinating committee on sex trafficking. All expenses of the committee shall come from the prostitution prevention and intervention account.  

    RCW 9.68A.105 is amended to require two percent of the revenue from fees imposed under this section be remitted quarterly to the department of commerce, together with a report detailing the fees assessed, the revenue received, and how that revenue was spent.

    RCW 9A.88.120 is amended to add that a superior court may, as described in RCW 9.94A.760, set a sum that the offender is required to pay on a monthly basis towards satisfying the fee imposed in this section.  
  • Court impact - A new Remit Group and BARS codes has been added for the existing AR Type Code PPI- Costs, Prostitution Prevention/Intervention.  
    • Courts will need to add the new codes to their County Department Cross Reference Table (DCXT) in JIS. A list of new and changed items from the DCXT Worksheet can be found at the bottom of this answer.
    • The Prostitution Prevention & Intervention Account Report for Local Treasurers is located in the Accounting Folder within the Court Level Folder in BOXI. The report should be run at the beginning of each new quarter (April, July, October, and January).***
  • Effective: 7/28/2013

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Sexual Assault Protection Orders

  • Bill #1307
  • Summary -The Sexual Assault Protection Order Act has been amended:
    • to allow Guardians ad Litem to be appointed at no cost to either party
    • to allow service of petitions by publication or mail
  • Court impact - The SXP Pattern Forms have been modified to allow for the service by publication and service by mail. A list of the new and updated pattern forms is available at the bottom of this answer.
  • Effective: 7/28/2013

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Wrongful Conviction and Imprisonment-Compensation

  • Bill #1341
  • Summary - Creating a claim for compensation for wrongful conviction and imprisonment. This bill creates a new chapter in Title 4 RCW: Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state.

    All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020. Service of the summons and complaint is governed by RCW 4.28.080.

    Judgment: Upon finding that the claimant was wrongly convicted, the court must seal the claimant's record of conviction. Upon request of the claimant, the court may order the claimant's record of conviction vacated if the record has not already been vacated, expunged, or destroyed under court rules. The requirements for vacating records under RCW 9.94A.640 do not apply.  
  • Court impact - Superior courts should use the code MSC(Miscellaneous) for filing wrongful conviction claims.
    • On or after the effective date of this section, when a court grants judicial relief, such as reversal and vacation of a person's conviction, consistent with the criteria established in section 4 of this act, the court must provide to the claimant a copy of sections 2 through 12 of this act at the time the relief is granted.
  • Effective: 7/28/2013

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Stalking and Harassment Protection Orders

  • Bill #1383
  • Summary - Creates a civil protection order available to victims of stalking conduct who do not qualify for a Domestic Violence protection order. Creates procedures for entry of a Stalking No-Contact Order in Criminal proceedings for stalking and related offenses. Requests that the Administrative Office of the Courts develop a master pattern form for all Anti-Harassment and Stalking Protection Order Petitions.
  • Court knowledge -Section 8 of the bill states "No fees for filing or service of process may be charged by a public agency to petitioners seeking relief under this chapter."***
  • Court impact -
    • The pattern Forms Committee has developed a Petition for Order for Protection - Stalking, it and other Stalking related pattern forms are available on the Court Forms page of the public website www.courts.wa.gov. A list of the new and updated pattern forms is available at the bottom of this answer.
      • NOTE: The combined Petition for Harassment/Stalking will be developed and published prior to the required implementation date of that form, January 1, 2014.
    • New codes have been created:
      • Civil (S2) Cause Code: STK - Stalking Protection Order (Non-DV)
      • Order Codes for use in both Civil (S2) and Criminal (S1 and S8) cases: STK - Stalking Protection Order and TSK - Temporary Stalking Protection Order.  (Note: If the DV Flag = Y, use NCO, not STK or TSK.  The Stalking Protection Orders are for DV=N only.)
    • The SCOMIS and JCS law tables have been updated; a list of the law table changes can be found attached to the bottom of this answer.
  • Effective: 7/28/2013

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Juvenile Justice System-Mental Health Issues

  • Bill # 1524
  • Summary - Providing for juvenile mental health diversion and disposition strategies. RCW 13.40.080 is amended to state that if a juvenile's assessment identifies mental health needs, a youth may access up to thirty hours of counseling. The counseling sessions may include services demonstrated to improve behavioral health and reduce recidivism.

    RCW 13.40.127 is also amended to allow the court to require a juvenile to undergo a mental health or substance abuse assessment, or both, when the juvenile is granted a deferral of disposition. If the assessment identifies a need for treatment, conditions of supervision may include treatment for the assessed need that has been demonstrated to improve behavioral health and reduce recidivism.
  • Court awareness - This bill changes the number of deferral agreements a juvenile can have from two to three.
  • Effective: 7/28/2013

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Metal Theft-Scrap Metal Licenses

  • Bill #1552
  • Summary - The bill concerns the reduction of metal theft. This bill creates a licensing scheme for scrap metal businesses, expands criminal penalties for metal theft and malicious mischief and allows for civil forfeiture of property used in the commission of a crime involving the theft, trafficking, or unlawful possession of commercial metal property. 
  • Court awareness - The SCOMIS law table has been updated; a list of the law table changes can be found attached to the bottom of this answer.
  • Effective:7/28/2013

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Educational Outcomes of Youth in Out-of-Home Care

  • Bill # 1566
  • Summary - Concerning educational outcomes of youth in out-of-home care. "Educational liaison" means a person who has been appointed by the court to fulfill responsibilities outlined in Sec. 5 for dependency case where the youth meets requirements in Sec. 2 Department of Social and Health Services (DSHS) determines when needed/court orders. Education Liaisons must provide a written or oral report to the court during each dependency hearing.  
  • Court impact -
    • The Pattern Forms Committee has reviewed the forms for possible updates. 
    • Two new Connection Codes have been added:
      • EDL - Educational Liaison
      • WDL - Withdrawn Educational Liaison
  • Effective: 7/28/2013

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Felony Firearm Offenders

  • Bill #1612
  • Summary - Concerning information on firearm offenders. This bill adds a new section to Chapter 9.41 RCW that states "when a defendant in this state is convicted of a felony firearm offense or found not guilty by reason of insanity of any felony firearm offense, the court must consider whether to impose a requirement that the person comply with the registration requirements of section 4 of this act and may, in its discretion, impose such a requirement."  
A new felony firearm offender registration; ordered offenders must report to the sheriff's office for entry into the database.  

A new section is added to Chapter 9.41 RCW creating a new violation for failure to register as a felony firearm offender. The new violation is a gross misdemeanor.  

  • Court impact - The Pattern Forms Committee created a new Felony Firearm Offender Registration Attachment for the Felony Judgment and Sentence forms. A list of the new and updated pattern forms is available at the bottom of this answer.
    • The SCOMIS law table has been updated; a list of the law table changes can be found attached to the bottom of this answer.
  • Effective: 7/28/2013

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Health Care Information-Disclosure

  • Bill #1679
  • Summary - Regarding the disclosure of health care information. In the new section of Chapter 70.02 RCW there is a new action that may be brought against an individual who has willfully released confidential information or records concerning him or her in violation of the provisions of this section. Any person may bring an action to enjoin the release of confidential information or records concerning him or her or his or her ward, in violation of the provisions of this section, and may in the same action seek damages as provided in this subsection.

    A new section is added to Chapter 70.02 RCW. Any person who requests or obtains confidential information and records related to mental health services pursuant to this chapter under false pretenses is guilty of a gross misdemeanor.
  • Court impact - Superior courts should use the code MSC(Miscellaneous) for filing wrongful conviction claims.
    • The SCOMIS law table has been updated; a list of the law table changes can be found attached to the bottom of this answer. 
  • Effective: 7/1/2014; Section 5 effective immediately 

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Good Cause Exceptions During Permanency Hearings

  • Bill # 1821
  • Summary - The purpose of a permanency planning hearing is to review the permanency plan for the child, inquire into the welfare of the child and progress of the case, and reach decisions regarding the permanent placement of the child. At this hearing, the court shall order the department or supervising agency to file a petition seeking termination of parental rights if the child has been in out-of-home care for fifteen of the last twenty-two months since the date the dependency petition was filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate. Any good cause finding shall be reviewed at all subsequent hearings pertaining to the child.

    This bill amends RCW 13.34.145 to add the following to the list of possible good cause exceptions:
    • Where a parent has been accepted into a dependency treatment court program or long-term substance abuse or dual diagnoses treatment program and is demonstrating compliance with treatment goals.
    • Where the department has been unable to pay for and provide to the child's family such services as the court and the department have deemed necessary for the child's safe return home and the parent has filed a declaration under penalty of perjury stating his or her financial inability to pay the cost of the same service.
  • Court impact -Two new sub-docket codes have been added to document a good cause exception:
    • NFA - No Financial Ability
    • PCT - Parent In/Compliant-Treatment
    • This Docket Code manual has been updated.
  • Effective: 7/28/2013

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 Vapor Tobacco Products

  • Bill #1937
  • Summary - Prohibiting a person from selling or giving a vapor product designed solely for smoking or ingesting tobacco to a minor. This bill amends RCW 26.28.080 to make it illegal to sell to a minor tobacco vapor products, the same as regular tobacco products.
  • Court awareness - The existing law table entries will cover both regular and vapor tobacco products, no changes will be made.
  • Effective: 7/28/2013

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Vehicle License Plates-Registration-Fraud

  • Bill #1944
  • Summary - Addressing vehicle license plate and registration fraud. This bill adds a new section to Chapter 46.37 RCW making it a gross misdemeanor for any person to switch or flip license plates on a vehicle physically, utilizes technology to flip or change the appearance of a license plate on a vehicle, sells a license plate flipping device or technology that will change the appearance of a license plate, or to falsify a vehicle registration.

    A vehicle that is found with an installed license plate flipping device or technology to change the appearance of a license plate may be impounded by a law enforcement officer as evidence.
  • Court awareness - There are specific fines for violations of this new law:
    • For a first offense the fine is one thousand, $1000.
    • For a second offense the fine is two thousand five hundred dollars, $5000.
    • Third and subsequent offenses have a fine of is five thousand dollars, $5000. 
    • The SCOMIS law table has been updated; a list of the law table changes can be found attached to the bottom of this answer. 
  • Effective: 7/28/2013

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Judicial Stabilization Trust Account

  • Bill #1961
  • Summary - This bill amends RCWs 3.62.060, 36.18.018, and 36.18.020 to change the sunset date of the JST fee from July 1, 2013 to July 11, 2017.  
  • Court awareness - There are no changes in JIS due to the passing of this bill.
  • Effective: 7/28/2013

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 Crimes-Riot/Criminal Mischief

  • Bill #5021
  • Summary - This bill amends the existing Gross Misdemeanor of "Riot" to change the title to "Criminal Mischief" and amends existing Class C Felony of "Riot While Armed with a Deadly Weapon" to change the title to "Criminal Mischief with a deadly weapon." The bill also changes the titles of both laws in the Juvenile Description and Offense Category list.
  • Court impact - The JCS and SCOMIS law tables have been updated; a list of the law table changes can be found attached to the bottom of this answer. 
  • Effective: 1/1/2014

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 Crimes-Retail Theft

  • Bill #5022
  • Summary - This bill amends RCW 9A.56.360 to change the term extenuating circumstances to "special" circumstances.  
  • Court impact - The four current charges of "Retail Theft with Extenuating Circumstances" will be end-dated 12/31/13 and the four new laws of "Retail Theft with Special Circumstances" will be effective 1/01/14 in both the JCS and SCOMIS law tables. A list of the law table changes can be found attached to the bottom of this answer.
  • Effective: 1/01/2014

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 Crimes -Vehicle Prowling

  • Bill #5053
  • Summary - Modifying vehicle prowling provisions. Third or subsequent charges are now a Class C Felony instead of a Gross Misdemeanor. Multiple counts of vehicle prowling charged in the same charging document or based on the same date of occurrence do not count as separate offenses for the purposes of charging as a felony.
  • Court impact - The JCS and SCOMIS law tables have been updated; a list of the law table changes can be found attached to the bottom of this answer. 
  • Effective: 7/28/2013

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Crimes -Against Pharmacies

  • Bill # 5149
  • Summary - A new section is added to Chapter 9.94A RCW to require the court, or in the case of a jury trial the jury shall also find a special verdict to the special allegations that the defendant committed the robbery of a pharmacy as defined in RCW 18.64.011(21) when a defendant is found guilty of robbery in the first or second degree.
    RCW 9.94A.533 is amended to add an additional twelve months that shall be added to the standard sentence range for an offense.
  • Court awareness - The special allegation definition is not being added to the SCOMIS Law Table until requested by a court. A list of the law table changes can be found attached to the bottom of this answer.
  • Effective: 7/28/2013

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 Social Network Information-Employer Liability

  • Bill # 5211
  • Summary - This bill adds new sections to Chapter 49.44 RCW making it unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, as a condition of employment or continued employment, that any employee or prospective employee submit any password or other related account information in order to gain access to the employee's or prospective employee's personal account or profile on a social networking web site or to demand access in any manner to an employee's or prospective employee's personal account or profile on a social networking web site. A civil action may be filed for violation of the new section.
  • Court impact - Superior courts should use the SCOMIS Cause Code MSC (Miscellaneous) for filing an action filed under this act.
  • Effective: 7/28/13

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Defamation

  • Bill #5236
  • Summary - This bill adds a new chapter in Title 7 RCW that allows parties to file a claim for relief for damages arising out of harm to personal reputation caused by the false content of a publication that is published on or after the effective date of this section.  This chapter applies to all publications, including writings, broadcasts, oral communications, electronic transmissions, or other forms of transmitting information.
  • Court impact - Superior courts should use the SCOMIS Cause Code MSC (Miscellaneous) or TTO (Tort-Other) for filing an action related to defamation under this act.
  • Effective: 7/28/2013

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Foster Care-Extended Services

  • Bill # 5405
  • Summary - Subject to the availability of amounts appropriated for this specific purpose, when the youth is at least age seventeen years, but not older than seventeen years and six months, the department shall provide the youth with written documentation that explains the availability of extended foster care services and detailed instructions regarding how the youth may access such services after he or she reaches age eighteen years. The court shall also dismiss the dependency proceeding for any child who is a dependent child in foster care and who, at the age of eighteen years and six months, does not meet any of the criteria described in subsection (1)(c) through (e) of this section, does not agree to participate in the program, or if services are not available due to funding not being appropriated specifically for this purpose.

    This bill adds new situations where the youth can qualify for extended care:
    • Participating in a program or activity designed to promote employment or remove barriers to employment.
    • Engaged in employment for eighty hours or more per month.
    • Incapable of engaging in any of the activities described in (a)(i) or (ii) and (b)(i) through (iii) of this subsection due to a medical condition that is supported by regularly updated information.
  • Court impact -
    • A new SCOMIS Cause Code (S7) has been added - EFC - Extended Foster Care (Dependency).
    • Two new Docket Codes have been added:  ORODFC - Order of Dependency-Extended Foster Care and NTIEFC - Notice of Intent to File Dependency Petition - Extended Foster Care.
    • The JIS Codes Committee also agreed to modify the existing Docket Code OR18FC - Findings and Order on Post 18 Extended Foster Care to make it close the JCS Referral when entered in the connected SCOMIS case.
    • Courts should use the existing Docket Code DPP - Dependency Petition to document that the petition has been filed.
    • The Pattern Forms Committee has added new forms and have updated existing dependency related forms due to this bill.  A list of the new and updated pattern forms is available at the bottom of this answer.
  • Effective: 7/28/2013-- Except sections 8 and 10, which become effective 12/01/13.

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State Auditor-Investigative Subpoenas

  • Bill #5446
  • Summary - In addition to the authority granted in RCW 43.09.165, the state auditor and his or her authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed records or documents are located, or in Thurston County.  
  • Court awareness - Superior Courts should utilize their existing subpoena process for the new Auditor's Office subpoenas; no new codes are being created for implementation of this bill. 
  • Effective: 7/28/2013

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Criminal History Records-Compliance Audits

  • Bill #5466
  • Summary - Modifying criminal history record information compliance audit provisions. This bill amends RCW 10.98.100 to change the previous requirement for WSP's Criminal History section staff to do the compliance audits on cases with outstanding dispositions "for more than nine months" to cases where the dispositions have been outstanding "for one year or longer since the date of arrest."  Each open arrest shall be researched for a final disposition by [WSP] section staff or the criminal justice agency shall be furnished a list of outstanding disposition reports for criminal history record information of persons who were arrested or against whom charges were filed by that agency.  Each criminal justice agency shall provide the section with a current disposition report or status within sixty days of receipt of notification of open arrest.
  • Court awareness - There currently are no JIS or SCOMIS impacts as part of implementing this bill.   
  • Effective: 7/28/2013

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Crimes-Assault During Court Proceedings

  • Bill #5484
  • Summary - This bill amends RCW 9A.36.031 to add that when a person is assaulted while located in any area of a building that is used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices, and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings, the person charged shall be cited with Assault 3rd degree, which is a Class C Felony.

    The areas covered by this bill also include common areas of ingress and egress to the building that is used in connection with court proceedings, and where a building, or part of a building, is used at certain times for judicial purposes and at other times for other governmental purposes. The charge of Assault 3rd degree shall only be cited when the underlying assault occurred during the times when the space is being used for judicial purposes. Additionally, the charge of Assault 3rd degree can only be cited if the fact that there are possible enhanced penalties (citing of a charge of Assault 3rd degree) is on a sign that is prominently displayed at the public entrance to any courtroom.

    RCW 9.94A.535 is amended to allow the court to impose a sentence above the standard range for Assault 3rd that occurs in any area of a building that is used in connection with court proceedings.
  • Court impact - AOC has created a signage for the courts to use and it is posted online on the public web site's Resources, Publications, and Reports page. 
  • Effective: 7/28/2013

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  Crimes-Sex Trafficking-Internet Advertisements

  • Bill #5488
  • Summary - Establishing an enhanced penalty for the use of an Internet advertisement to facilitate the commission of a sex-trafficking crime.  This bill adds a new section to Chapter 9.68A RCW to add additional penalties that shall be assessed in addition to all other fees, when a person convicted of an offense under RCW 9.68A.100, 9.68A.101, or 9.68A.102 and the court finds that an Internet advertisement that described or depicted the victim of the crime.  The additional penalties shall be imposed in the amount of five thousand dollars per offense.  The amounts collected as penalties under this section shall be deposited in the account established under RCW 43.63A.740 (The prostitution prevention and intervention account).  
  • Court impact - A new AR Type Code PIN - Superior Court Prostitution Intervention Fee (Sup Prost Interv) is being added to document these specific fees on the Create A/R (CAR) screen.
  • Effective: 7/28/2013

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Abuse of Vulnerable Adults

  • Bill #5510
  • Summary - RCW 74.34.020 is amended to modify the definition of "Neglect" to include an act of omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety.   Also authorizes the department of social and health services, the certified professional guardian board, and the office of public guardianship to share information contained in reports and investigations of the abuse, abandonment, neglect, self neglect, and financial exploitation of vulnerable adults. 
  • Court impact - The Pattern Forms modified the Petition for Vulnerable Adult Order for Protection and the Court Staff Handbook on the Vulnerable Adult Protection Order Process documents.  A list of the new and updated pattern forms is available at the bottom of this answer.
  • Effective: 7/28/2013

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Competency to Stand Trial Evaluations

  • Bill #5551
  • Summary - This bill adds a new section to Chapter 10.77 RCW to stat that if, at the time of a referral for an evaluation of competency to stand trial in a jail for an in-custody defendant, the department has not met its performance target for timely completion of competency evaluations under RCW 10.77.068(1)(a)(ii) during the most recent quarter in fifty percent of cases submitted by the referring county, as documented in the most recent quarterly report under RCW 10.77.068(3) or confirmed by records maintained by the department, the state shall reimburse the county for the cost of appointing a qualified expert or professional person under RCW 10.77.060(1)(a) as provided in this section.
  • Court awareness - The county shall provide a copy of the evaluation report to the applicable state hospital upon referral of the defendant for admission to the state hospital.  The county shall maintain data on the timeliness of competency evaluations completed under this section. 
  • Effective: 7/28/2013

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Crimes-Trafficking

  • Bill #5669
  • Summary - The existing law of "Communication with a Minor for Immoral Purposes," a Class C Felony, is amended to include purchase or sale of commercial sex acts and sex trafficking. A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met amended to include Conviction of the parent of trafficking, or promoting commercial sexual abuse of a minor when the victim of the crime is the child, the child's other parent, a sibling of the child, or another child.
  • Court awareness - There are currently no changes to the pattern forms for implementation of this bill. 
  • Effective: 8/1/2013

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Guardianship-Standby and Limited Guardians

  • Bill #5692
  • Summary - If the regularly appointed guardian or limited guardian dies, becomes incapacitated, is out of state, or is otherwise unavailable to fulfill his or her duties, then the standby guardian or limited guardian shall have all the powers, duties, and obligations of the regularly appointed guardian or limited guardian.  If the standby guardian or limited guardian is required to act due to the death, incapacity, or absence of the regularly appointed guardian or limited guardian, then the standby guardian may apply to the court to be paid for fees and costs.
  • Court impact - The two new Docket Codes have been added:
    • ORPA - Order Regarding Planned Absence Petition
    • LTRGPA - Letters of Guardianship - Planned Absence
  • Effective: 7/28/2013

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 Taxes-Evasion by Electronic Means

  • Bill #5715
  • Summary - Addressing the evasion of taxes by the use of certain electronic means. This bill adds a new section of Chapter 82.32 RCW to allow the department to request a search warrant at any Superior or District Court.  A new Class C Felony is also added to RCW 88.32.290 for "Automated sales suppression device or phantom-ware." 
  • Court awareness -Superior Courts should utilize their existing search warrant process for the search warrant requests filed under this law.
    • No law table entries will be made for the new felony unless requested by a court. A list of the law table changes can be found attached to the bottom of this answer.
  • Effective: 7/28/2013

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 Courts-Specialty and Therapeutic

  • Bill #5797
  • Summary - The Legislature encourages the Supreme Court to adopt any administrative orders and court rules of practice and procedures necessary to support the establishment of effective specialty courts.
    Any jurisdiction establishing a specialty court shall endeavor to incorporate the treatment court principles of best practices as recognized by state and national treatment court agencies and organizations in structuring a particular program.  
  • Court awareness - There currently are no JIS impacts as part of implementing this bill.
  • Effective: 8/1/2013

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Driving Under the Influence of Intoxicating Liquor or Drugs

  • Bill #5912
  • Summary - When any person charged with or arrested for a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, in which the person has a prior offense as defined in RCW 46.61.5055 and the current offense involves alcohol, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release shall require, as a condition of release, that person to (a) have a functioning ignition interlock device installed on all motor vehicles operated by the person, with proof of installation filed with the court by the person or the certified interlock provider within five business days of the date of release from custody or as soon thereafter as determined by the court based on availability within the jurisdiction; or (b) comply with 24/7 sobriety program monitoring, as defined in section 26 of this act; or both. The court shall authorize removal of the ignition interlock upon dismissal or acquittal of the charges.

    Multiple RCWs were amended by this bill to clarify that courts "shall not defer sentence for an offense sentenced under RCW 46.61.5055."

    RCW 46.25.110 was amended to state that a person shall not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol "or THC" in his or her blood.

    RCW 46.61.5055 is amended to include the following:
    • Courts can order to attend a 24/7 sobriety program if available in the city or county. 
    • The court shall also order an expanded alcohol assessment and treatment if deemed appropriate by the initial assessment completed.
    • All penalties imposed for violations of RCW 46.61.502 or 46.61.504 that were committed while there is a passenger in the vehicle under the age of 16 are specifically defined as being "in addition to" the standard penalties.

The definition of a "prior offense" is amended to include deferred sentences imposed in a prosecution for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the charge under which the deferred sentence was imposed was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or a violation of RCW 46.61.520 or 46.61.522.

RCW 46.61.5249 is amended to add "marijuana or any drug" to the definition of being guilty of negligent driving in the first degree.

A new section is added to Chapter 36.28S RCW to create the 24/7 sobriety program. The Washington Association of Sheriffs and Police Chiefs will create pilot 24/7 sobriety programs. When the 24/7 sobriety program is in place the courts can condition pre-trial release or bond upon participation in a 24/7 sobriety program and payment of associated costs and fees, if available. Courts shall not waive or reduce fees or associated costs charged for participation in the 24/7 sobriety program. A participant who violates the terms of participation in the 24/7 sobriety program or does not pay the required fees or associated costs shall:

(a) Receive a written warning notice for a first violation;

(b) Serve a term of two days imprisonment for a second violation;

(c) Serve a term of up to five days imprisonment for a third violation;

(d) Serve a term of up to ten days imprisonment for a fourth violation; and

(e) For a fifth violation, the participant shall serve the entire remaining sentence imposed by the court.

A sheriff or chief, or the designee of a sheriff or chief, who has probable cause to believe that a participant has violated the terms of participation in the 24/7 sobriety program or has not paid the required fees or associated costs shall immediately take the participant into custody and cause him or her to be held until an appearance before a judge on the next judicial day.

  • Court impact - The Misdemeanor DUI Sentencing Attachment is available for use along with the Sentencing Grid on the courts Current DUI Sentencing Grid web page. The four documents on the DUI Sentencing Grid page contain legislative changes that became effective on August 1, 2012.
    • The Washington Pattern Forms Committee updated the documents with changes required by Laws of 2013, 2d Spec. Sess., ch. 35, relating to Driving Under the Influence.
    • A list of the new and updated pattern forms is available at the bottom of this answer.
  • Effective: 9/28/2013, except sections 27, 28, and 30 through 32 which are effective 1/1/2014

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RN id: 2317