Which laws passed during the 2018 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?


A number of bills passed during the 2018 legislative session impact the Courts of Limited Jurisdiction.


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/Court Impact/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.
  • Updated items will be documented with *** and the Court Impact or Court Awareness item 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


HB 1056 - Military/consumer protection

  • Bill # 1056
  • Summary - This bill allows service members to terminate or suspend a contract if military service orders are received.
  • Court Awareness There is a potential form impact due to an update in the definition of service member. The Pattern Forms Committee will be reviewing existing forms for possible revisions. This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • Effective  6/7/2018

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3SHB 1169 - Student loan assistance

  • Bill # 1169
  • Summary - This bill enacts the student opportunity, assistance, and relief act.
  • Court Awareness - The pattern forms committee will be reviewing existing forms for possible revisions. This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • Effective 6/7/2018

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E2SHB 1570 - Concerning access to homeless and assistance

  • Bill # 1570
  • Summary - This bill establishes the Washington Housing Opportunities Act which improves resources available to aid with increasing access and removing barriers to housing for individuals and families in the state. The temporary $40 Local Homeless Housing and Assistance surcharge [RCW 36.22.179(1)] is increased to $62 and made permanent.
  • Court Awareness - The Cost Fee Code Name Change Auditor's Fee (NCA) will be increased to $99.00 (with the addition of the $3 increase from E2SHB 2578) by the effective date.
  • Effective  6/7/2018

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E2SHB 1783 - Legal financial obligations

  • Bill # 1783
  • Summary - This bill eliminates the accrual of interest on criminal non-restitution Legal Financial Obligations (LFOs) and prioritizes how restitution should be paid. Prohibits imposing court costs on defendants who are indigent at the time of sentencing.
  • Court Awareness - 
    • Court costs may be converted to community restitution under certain circumstances for defendants who are indigent.  The definition of Indigency now includes homelessness and mental illness.
    • If indigent, certain costs may not be imposed, including but not limited to, the following:
      • Costs of court proceedings including jury fees if person is convicted or held on bail to keep the peace.
      • Costs of incarceration.
      • Criminal Conviction/Guilty plea fee of $43.00 imposed under Title 3 RCW or Title 35 RCW.
      • $200 fee imposed under 36.18.020(2) (h) (CLJ appeal fee).
      • The $100 DNA fee cannot be imposed if the state has previously collected the DNA.
      • NOTE: Being indigent is not grounds for failing to impose Restitution and the Crime Victims fee.
  • Court Impact -
    • Restitution payments will be applied in statutorily required priority order: (1) Restitution Victims; (2) Restitution-Insurance Agencies.
    • All payments will be applied in the statutorily required priority order: (1) Restitution Victims; (2) Restitution-Insurance Agencies; (3) Crime Victims Assessments; (4) All other court fees and costs.
    • The Collection Agency Assignment report is being changed to separate restitution from non-restitution obligations.
    • A report will provide information for restitution amounts assessed for cases currently in collection.
    • The Judgment and Sentence pattern forms will be updated. This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • For more detailed information, see eService Answer: LFO Bill Impacts for Courts of Limited Jurisdiction.
  • If information or more details are available on this bill, this answer will be updated.
  • Effective - 6/7/2018

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HB 2368 - Technical corrections

  • Bill # 2368
  • Summary - This bill is a code reviser cleanup package. It corrects statutory references, numbering issues and inconsistent language.
  • Court Awareness - RCW 26.50.070(4) is changed to use ex parte temporary order consistently throughout. This may result in Pattern Forms changes. This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • Effective  6/7/2018

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EHB 2519 - Pistol license eligibility

  • Bill # 2519
  • Summary - This bill adds additional statutes to the list of those that can prevent a person from getting a concealed pistol license.
  • Court awareness - The statutes for Sexual Assault Protection Order, Stalking Protection Order, and Extreme Risk Protection Order were added to the list of statutes that will result in a denial of an application for a Concealed Pistol License (CPL). The changes will result in updates to the surrender of weapons forms. 
  • This answer will be updated when the forms are available.
  • Effective - 6/7/18

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E2SHB 2578 - Housing Options

  • Bill # 2578
  • Summary - This bill increases the portion of the Auditor's Office recording fee for the Affordable House surcharge [RCW 36.18.010(12); RCW 36.22.178(10)] by $3.00.
  • Court Awareness - The Cost Fee Code Name Change Auditor's Fee (NCA) will be increased to $99.00 (with the addition of the $22 increase from E2SHB 1570) by the effective date.
  • Effective - 6/7/2018

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ESHB 2700 - Child interview recordings

  • Bill # 2700
  • Summary - This bill requires all audio/video recordings of child forensic interviews to be confidential and exempt from public disclosure.
  • Court awareness - These recordings may only be disclosed pursuant to a court order.  If the recordings are disclosed in a criminal or civil proceeding, they must be subject to a protective order to prevent copying and to prevent them from being photographed.  The recordings can only be used in trial, they may not be displayed or given to a third party, and they must not reveal the identity of the child. The recordings must remain in the custody of the attorneys or their employees, agents, or expert witnesses. 
  • Effective - Immediately (Signed 3/22/2018)

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SHB 2752 - Search warrants and municipal courts

  • Bill # 2752
  • Summary - This bill authorizes district or municipal court judges located in courthouses that share multiple jurisdictions to issue a search warrant for a defendant or evidence in any county within that courts jurisdiction.
  • Court Awareness - For the courts with more than one county of jurisdiction, state-wide warrants may now be issued for any of the multiple jurisdictions the court covers.
  • Effective - 6/7/2018

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SHB 2822 - Service animal misrepresentation

  • Bill # 2822
  • Summary - This bill addresses misrepresentation of a service animal and redefines what a service animal is. 
  • Court Awareness - A new civil infraction for Misrepresent Service Animal will be added to the Law Table. This answer will be updated when the law is codified.
  •     Effective - 1/1/2019

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SB 5213 - Legal technical fees and DV cases

  • Bill # 5213
  • Summary - In actions for domestic violence prevention under RCW 26.50.060, relief provided by the court is expanded to include petitioners' reimbursement for Limited License Legal Technician (LLLT) fees.
  • Court Awareness - The Protection Order Pattern Forms will be updated to include a request for LLLT fees.
  • This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • Effective - 6/7/2018

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SB 5987 - Pretrial release programs

  • Bill # 5987
  • Summary - The bill is a legislative response to Blomstrom v. Tripp, 189 Wn.2d 379 (2017), which held that random urinalysis (UA) testing during the pretrial phase is unconstitutional without sufficient authorization. This legislation authorizes district, municipal, and superior court judges to require the defendant to submit to testing to determine the defendant's compliance with pretrial conditions if the judge determines that this condition is necessary to protect the public from harm.
  • Court Awareness - Changes may be made to the Judgment & Sentence Pattern Forms. This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • Effective - 6/7/2018

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ESSB 6037 - Uniform parentage act

  • Bill # 6037
  • Summary - This bill repeals most of chapter 26.26 RCW (the uniform parentage act) and creates a new chapter for the uniform parentage act. The new Uniform Parentage Act contains new complex provisions for surrogacy agreements that require court proceedings, codifies de facto parentage, and makes many changes regarding assisted reproduction, binding effect of parentage determinations, inspection of records, parentage affidavits, rescission of parentage affidavits, genetic testing, and competing claims of parentage, among others.
  • Court Awareness - A new gross misdemeanor violation will be made available due to the changes made by this bill. It is unlikely it will be cited often so it will not be added to the Statewide Law Table at this time.
    • If the court receives a citation for this violation, please contact Customer Services Line 3 to request the law be added to the Statewide Law Table.
  • Effective - 1/1/2019

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ESSB 6068 - Sexual harassment NDAs

  • Bill # 6068
  • Summary - This bill is related to nondisclosure agreements (NDA) in civil lawsuits and administrative actions relating to sexual harassment or sexual assault.
  • Court Awareness - Upon motion of any party supported by affidavit or sworn declaration, or without motion but upon the court's own accord, the court shall enter orders to protect the identity of any victim unless such person consents to disclosure.
  • Effective - 6/7/2018

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SB 6298 - DV Harassment and firearms

  • Bill # 6298
  • Summary - A person convicted of the crime of harassment, when committed by one family member against another on or after the effective date of this act, is prohibited from owning a firearm.
  • Court Impact - Amends RCW 9.41.040 (unlawful possession of a firearm) to include harassment on the list of predicate offenses for the crime.
  • The Notice of Ineligibility to Possess Firearm Pattern Form will be updated by the effective date. This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • Effective - 6/7/18

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SSB 6318 - Intrastate food safety

  • Bill # 6318
  • Summary - This bill establishes the food safety and security act to protect the public from adulteration, misbranding, and false advertisement of food in intrastate commerce; and to promote uniformity with federal law, governmental transparency, and regulatory fairness. Clarifies existing law by creating a new intrastate food safety and security chapter from existing intrastate food safety laws and moving certain provisions in the intrastate commerce in food, drugs, and cosmetics act.
  • Court Impact - New misdemeanors for Adulterated Food Violation will be added to the law table.
    • This answer will be updated when the law is codified and added to the law table.
  • Effective - 6/7/2018

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RN id: 2490