Which laws passed during the 2018 Washington State Legislative session impact the Superior Courts and Juvenile Department, and what are those impacts?


A number of bills passed during the 2018 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/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.
  • The answer may be updated as additional information becomes available. 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.
  • Support documents are available at the end of the document.


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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HB 1058 - Court-ordered restitution

  • Bill # 1058
  • Summary - This bill amends RCW 9.94A.750 and 9.94A.753 to state the court shall not postpone the commencement of restitution payments until an offender is released from total confinement. However, an inability to pay restitution while in total confinement shall not be a basis for a violation of sentence unless the offender refuses, or is terminated from, the acceptance of a class I or class II job.
  • Court Impact -As restitution payments shall not be postponed, interest should accrue on restitution legal financial obligations upon entry of the judgment and sentence regardless of the offenders' confinement status.
  • Effective - 6/7/2018

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EHB 1128 - Civil arbitration

  • Bill # 1128
  • Summary - This bill replaces ""mandatory"" with ""civil"" in reference to arbitration laws under chapter 7.06 RCW.
  • Court Knowledge- Civil arbitration actions judgments are increased to $100,000 on approval by two-thirds of the judges of a superior court. Procedural rules are adopted for arbitration hearings and discovery and requires that a notice of appeal from arbitration be signed by the aggrieved party. Also, additional qualifications for arbitrators are increased.
  • Court Impact -
    • The Civil Arbitration (formerly Mandatory Arbitration) filing fee is increased to up to $250 with $30 to be deposited into the local indigent defense fund.
      • SCOMIS/JRS courts: Trans Codes
        • Trans Code 1112 name will be updated to ""Fee, Civil Arbitration"" but will remain ""up to $220"".
        • A new Trans will be created for the $30 indigent defense fee. A new BARS code and Remit Group will be created and the court will need to update the DCXT table. This answer will be updated when the information is available.
        • Trans Code 1111 for Trial De Novo will be updated to ""Up to $400"".
      • Odyssey Courts: Fee Codes
        • The 1112 filing fee will be updated to ""Civil Arbitration Fee"" and will be updated to ""up to $250"" and the $30 indigent defense will come out of the filing fee.
        • The 1111 Trial De Novo filing fee will be updated to ""up to $400"".
    • All Docket/Event Codes that state ""mandatory arbitration"" will require new codes for Odyssey. Those are pending review and approval by the Codes Committee. This answer will be updated when those codes are approved and available.
    • Statewide Mandatory Arbitration Rules (MARs) will be affected. This answer will be updated when rule changes are adopted.
    • Changes will not be made to docket codes and forms in SCOMIS as the remaining courts as of 9/1/2018 (Clark, King, Pierce, and Spokane) do not use these functions.
  • Effective - 9/1/2018

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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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2ESHB 1388 - Behavioral health authority

  • Bill # 1388
  • Summary- This bill changes the designation of the State Behavioral Health Authority from the Department of Social and Health Services (DSHS) to the Health Care Authority and transferring the related powers, functions, and duties to the Health Care Authority and the Department of Health.
  • Court Knowledge -As of the effective date of this bill, notifications related to Restoration of a person's right to possess a firearm are now sent to the State Behavioral Health Authority rather than DSHS.  The DSHS's electronic database that must be consulted when determining eligibility to possess a firearm is now changed to the State Behavioral Health Authority's electronic database.
  • Court Impact- Changes will be made to the Felony Judgment & Sentencing Form and the 71.05 RCW Civil Involuntary Commitment Orders.  Courts will need to send Orders/Notice of Firearms Rights to the new address, which AOC will provide prior to the effective date and this answer will be updated when the information is known.

    Effective - 7/1/2018

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2SHB 1506 - Workplace and gender pay equity

  • Bill #1506
  • Summary -This bill address workplace practices to achieve gender pay equity.  Allows a civil action to be filed against the employer and creates a new misdemeanor for violation of RCW 46.12.175.
  • Court Awareness - An employee may bring a civil action against an employer for violation of RCW 46.12.175 within 3 years of the date of the alleged violation.  In addition, a new misdemeanor violation is 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 to request the law be added to the Statewide Law Table.
  • 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. Prohibited imposing court costs on defendants who are indigent at the time of sentencing.
  • Court Awareness -
    • The bill summary provides that ""Interest accrual on the non-restitution portion of an offender's legal financial obligation (LFOs) imposed in superior courts or courts of limited jurisdiction is eliminated as of the effective date of the act.""  The bill provides that upon motion of the defendant, the court must waive interest on the non-restitution portion of the LFOs that accrued prior to the effective date of the act.
    • The law still allows the court the ability to waive interest on restitution if the principal is paid in full. Court costs may be converted to community restitution under certain circumstances for defendant 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 may not be imposed.
      • 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, 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 -
    • No interest will be allowed on non-restitution assessments beginning the effective date of this bill.
    • Restitution payments will be applied in statutorily required priority order: (1) Restitution - Victims; (2) Restitution - Insurance Agencies;
    • All payments will be applied in statutorily required priority order: (1) Restitution Victims (interest at 12%); (2) Restitution-Insurance Agencies (interest at 12%); (3) Crime Victims Assessments (no interest); (4) All other court fees and costs (no interest).
    • The Collection Agency Assignment reports in both JIS and Odyssey will be changed to separate restitution from non-restitution obligations.
    • A report is being developed to show restitution and non-restitution obligation amounts for cases currently in collection.
    • The Crime Victim Penalty assessment (PCV) under RCW 7.68.035 may not be reduced, waived, or converted to community service.
    • The Felony Judgment and Sentence pattern form will be revised. 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 Superior Courts.
  • Effective - 6/7/2018

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HB 1790 - Dependency Petitions with DSHS as the Petitioner

  • Bill # 1790
  • Summary- This bill amends RCW 13.34.040 to state that dependency petitions, where the Department of Social and Health Services (DSHS) is the petitioner, will no longer require probation officers to determine if the dependency petition is reasonably justifiable.
  • Court Awareness -Counties with paid probation officers will no longer have to have the probation officers review dependency petitions to determine if they are reasonably justifiable if the petitioner on the matter is DSHS.
  • 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 consistent language.
  • Court Awareness - RCW 26.50.070(4) is changed to use ""ex parte temporary order"" consistently throughout and pattern forms changes may be required. 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 - 6/7/2018

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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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SSB 5064 - Student freedom of expression

  • Bill # 5064
  • Summary - This bill allows a student of a school or college to start a legal action for injunctive and declaratory relief if their right to free speech via school media is being impacted.
  • Court Awareness - The courts can use the existing Cause of Action for Injunction (INJ) to file these matters.
  • Effective - 6/7/2018

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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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SSB 5553 - Suicide and firearm right waivers

  • Bill #5553
  • Summary - This bill allows a citizen to submit to a superior court a waiver of firearm rights. Within seven (7) days of filing the waiver, the same citizen can file to revoke their waiver of rights previously filed.
  • Court Awareness- By end of the business day that the order is signed the order must be transmitted to WSP for data entry into firearms database.
    • AOC will be developing the forms and defining the process for these filings, prior to the effective date of the bill.  
    • This answer will be updated when additional information is available.
  • Effective - 1/1/2019

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SB 5598 - Relatives/child visitation

  • Bill # 5598
  • Summary - Allows a relative to seek visitation with a child through the courts if the relative and child have an ongoing relationship and denying visitation risks harm to the child.
  • Court Impact
    • A new Cause Code is being added for Case type 3 of RCV - Relative Child Visitation.
    • The filing fee is the same as other civil cases. Use Tran Code 1100 or 1203 for receipting filing fee.
    • New pattern forms are being developed for these filings as well as a separate eService answer. 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 Wash.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 such testing to determine the defendant's compliance with pretrial condition 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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ESB 5992 - Trigger modification devices

  • Bill #5992
  • Summary - Adds ""bump-fire stock"" to the definitions section of the Firearms and Dangerous Weapons statute. Makes manufacturing, selling, owning, loaning, furnishing, transporting, or possessing a bump-fire stock a Class C felony with some exceptions. A Class A felony is created with seriousness level VII for someone in furtherance or commission of a felony to use or threaten to use a bump-fire stock.  Possessors of bump-fire stocks are subject to firearm enhancements in certain circumstances and juveniles are subject to mandatory minimums for possession of bump-fire stocks and adds periods of total confinement for juveniles.
  • Court Awareness- A new Class C Felony of Discharging Firearms with a bump-fire stock is created. However, it will not be added to the law table unless requested.
    • Please contact Customer Service Line 3 to request the law be added.
  • Effective - 7/1/2018

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ESSB 6002 - Voting rights act

  • Bill #6002
  • Summary - This bill allows voter(s) to notify political subdivisions that they intend to challenge the election process.  Once notified, the subdivision must work with the voter(s) to implement a revised process and must file a motion asking for judicial approval of its process.  If approval is not obtained within 180 days of the original notification, the voter(s) may file a complaint and ask the court to provide a remedy.
  • Court Impact - Two new Cause Codes and Docket Codes were created for tracking the new cause of actions and will be ready for use by the effective date:
    • Cause Codes: 
      • SER - Subdivision Election Process Law Review
      • VEP - Voter Election Process Law Review
    • Docket/Event Codes:
      • MTDLEP - Motion for Order Determining Lawfulness of Election Process
      • ORAEP - Order Approving Election Process
      • ORDEP - Order Denying Motion Re Election Process
      • PIREP - Preliminary Injunction Re Election Process
      • TROEP - Temporary Restraining Order Re Election Process
      • ORAREM - Order Providing Remedy
      • A workflow has been created to assist the courts and is available at the bottom of this answer.
  • 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.
  • Court Impact- The Pattern Forms Committee will be reviewing existing forms for possible revisions and creation of new forms. Docket/Event Codes and Cause Codes may be updated, if necessary. 
    • This answer will be updated when the forms have been posted to the Court Forms website on the Washington Court Website.
  • 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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SSB 6124 - Commitment hearings by video

  • Bill #6124
  • Summary - This bill authorizes, in a proceeding conducted in open court under the Involuntary Treatment Act, a petitioner, respondent, witnesses, or presiding judicial officer to be present and participate in person or by video as determined by the court. Allows witnesses in a proceeding to also appear in court through other means, including telephonically. The court are allowed to require parties and witnesses to participate in the hearing in person rather than by video.
  • Court Impact - Courts should review retention schedules for the videos with their legal counsel. The Pattern Forms Committee are reviewing forms and will make updates as necessary. 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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E2SSB 6160 - Juvenile court jurisdiction

  • Bill #6160
  • Summary - Extends jurisdiction for specific offenses committed at a certain age to remain under the jurisdiction of the juvenile department until the person turns 25. Also creates a new sentencing range for juveniles that are 16 or 17 who commit certain crimes.
  • Court Awareness - This bill makes changes to the law table and includes a new CAT codes that provide additional sentencing ranges. JCS must now consider age with using the sentencing worksheet; sentencing ranges are changing.  Current CAT code/charge table must be changed to accept three characters
  • Court Impact
    • Manual workarounds may be required to calculate category codes until all modifications to JCS are completed. A separate eService answer will be created when this information is available.
    • Several law table changes required will be required.
    • This answer will be updated when more information is available and law table updates are made.
  • Effective - 6/7/2018

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SSB 6222 - Extended foster care eligibility

  • Bill #6222
  • Summary- This bill modifies extended foster care provisions with regard to: 
    • Increasing the maximum age of eligibility for extended foster care services for a non-minor dependent whose dependency case was dismissed by the court;
    • Allowing a youth, at any time before he or she reaches the age of twenty-one, to request extended foster care services; and
    • Allowing a non-minor dependent to unenroll and reenroll in extended foster care, through a voluntary placement agreement, an unlimited number of times between the age of 18 and 21 if certain conditions are met.
  • Court Impact- The existing pattern forms will be updated with the new criteria set forth in this bill.  The new forms will be available on the effective date. 
    • The Pattern Forms will be available on the Court Forms page 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 - 7/1/2018

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SB 6287 - DCYF technical changes

  • Bill # 6287
  • Summary - Various technical corrections and clarifying amendments are made to statutes affected by the creation of the Department of Children, Youth, and Families (DCYF) to correct any oversights or errors in drafting and any conflicts between amendatory sections in the creation of DCYF and other 2017 legislation.
  • Court Awareness- Changes will need to be made to some Juvenile Court and the Felony Judgment and 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 - 7/1/2018

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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 and committed on or after the effective date of this act, is prohibited from owning a firearm.
  • Court Awareness - Amends RCW 9.41.040 (unlawful possession of a firearm) to include harassment on the list of predicate offenses for the crime. The Electronic Reporting of Case Information to the Department of Licensing - Firearms Section will be updated to include this law for reporting Adult Criminal DV Related Misdemeanor Convictions when the Docket Code of NTIPF (Notice of Ineligibility to Possess a Firearm) is entered on the case. A list of law table impacts for this bill are attached at the bottom of this answer.
  • Effective - 6/7/2018

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SSB 6318 - Intrastate food safety

  • Bill #6318
  • Summary - This bill establishes the food safety and security act. Protects the public from adulteration, misbranding, and false advertisement of food in intrastate commerce; and promotes 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 Awareness- 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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SSB 6334 - Child support

  • Bill #6334
  • Summary - The definition of ""medical support"" is revised to include health care coverage, rather than health insurance coverage. A child support order must include an obligation to provide health care coverage that is both accessible to all children named in the order and available at a reasonable cost to the obligated parent. 
  • Court Impact- The court must allocate the cost of health care coverage between the parents. Changes will be made to the Child Support Order and Washington Child Support Schedule, definitions, standards, instructions and Economic Table.
    • 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 & 9/1/2019

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SB 6407 - Private management and child welfare

  • Bill #6407
  • Summary - This bill removes the reference to, and definition of, ""Supervising Agency"" from multiple statutes for juvenile dependency cases.
  • Court Impact - The Dependency Pattern Forms will be updated to remove the reference to ""Supervising Agency"" 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 - 6/7/2018 & 7/1/2018

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ESSB 6491 - Outpatient behavioral health

  • Bill #6491
  • Summary - This bill expands assisted outpatient mental health treatment (AOMHT) after April 1, 2018, to include substance use disorder treatment and renames it assisted outpatient behavioral health treatment (AOBHT).  Reduces eligibility criteria for AOBHT and extends and simplifies AOBHT filing processes. Allows revocation to inpatient treatment for a person receiving less restrictive alternative treatment if the criteria for inpatient detention are met. Allows a family member, guardian, or conservator of a person who files a court petition for review of a decision to not detain the person for involuntary treatment and to request that the court require the filing of an AOBHT petition.
  • Court Impact- Due to this bill and E2SSB 5269 (Joel's Law) there is need to be separate docket codes on commitment orders for mental health treatment.  The docket codes will need to differentiate between mental illness and substance abuse. This is because orders based on mental illness need to be reported to the National Instant Criminal Background System (NICS), but orders based on substance abuse do not need to be reported. Orders based on both mental illness AND substance abuse will also need to be reported to NICS. One new Cause Code and nine new Docket Codes have been created.
    • Cause Code: 
      • AOT - Assisted Outpatient (Behavioral Health) Treatment
    • Docket/Event Codes:
      • Mental Illness:
        • AOTL90 - ORD OF DETENTION 90 DAY AOT
        • AOTL180 - ORD OF DETENTION 180 DAY AOT
      • Substance Abuse:
        ORDT90S - ORD OF DET 90 DAY COMMIT SUBSTANCE
        • ORDT18S - ORD OF DET 180 DAY COMMIT SUBSTANCE
        • ORDL90S - ORD OF DET 90 DAY LRA SUBSTANCE
        • ORDL18S - ORD OF DET 180 DAY LRA SUBSTANCE
        • ORDL1YS - ORD OF DET ONE YEAR LRA SUBSTANCE
        • AOTL90S - ORD OF DET 90 DAY AOT SUBSTANCE
        • AOTL18S - ORD OF DET 180 DAY AOT SUBSTANCE
      • The forms are available and have been posted on the Court Forms page on the Washington Courts website.
  • Effective - 4/1/2018

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ESSB 6550 - Concerning diversion of juvenile offenses

  • Bill #6550
  • Summary - Revises juvenile justice act of 1977 provisions regarding: diversion agreement limits and positive youth development, and community-based and restorative justice programs to divert youth from formal processing in juvenile court.
  • Court Awareness - There are no longer limits to the number of diversions allowed and most offenses are now eligible for diversion as well as fewer requirements preventing them from being destroyed. However, only successfully completed diversions are eligible for destruction. Diversion agreements may exclude restitution owed to an insurance provider when calculating the loss incurred by a victim.
  • Court Impact- There will be two reports for a period: Diversion Destroy Eligible Prior to 6/7/2018 and Diversion Destroy Eligible on or after 6/7/2018.  Statute request quarterly run of the report. This answer will be updated when the reports are available.  
    • There will be significant law table updates made. This answer will be updated when more information is available and the law table has been updated.
  • Effective - 6/7/2018

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