Which laws passed during the 2019 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?

A number of bills passed during the 2019 legislative session impact the Courts of Limited Jurisdiction (CLJ).


This answer contains:

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


TABLE OF CONTENTS


SHB 1012 - Concerning the Use of Child Passenger Restraint Systems

  • Bill #1012
  • Summary - This bill makes changes to the child restraint laws.
  • Court Awareness- Current law table entries for RCW 46.61.687 will be end-dated and new laws take effect.
  • Effective - 1/1/2020

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SHB 1041 - Promoting Successful Reentry by Modifying the Process for Obtaining Certifications of Discharge and Vacating Conviction Records

  • Bill #1041
    • Summary - This bill modifies the process for obtaining a certificate of discharge for felony convictions and expands eligibility criteria for vacating criminal convictions.
    • Court Awareness-
      • Eligibility criteria is expanded for vacating a gross misdemeanor or misdemeanor conviction.
      • The requirement to pay all costs incurred by the court and probation services unless the person is indigent at the time of the motion was removed from RCW 9.96.060.
      • The Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records brochure will be updated and available on the Resources, Publications, and Reports web site by the effective date.
      • The Vacating and Sealing Record pattern forms will be updated and available on the Court Forms web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
    • Court Impact - 
      • Courts will need to determine what their local policy will be if a conviction is Vacated while there are costs that remain outstanding.
      • If the local policy is that the amounts remain due, courts should review their Case Type Issue Disposition Codes (CTID) settings in their Collection Profiles to verify that a "Vacated" Finding/Judgment Code can be sent to collection.
    • Effective - 7/28/2019

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2SHB 1048 - Modifying the Process for Prevailing Parties to Recover Judgments in Small Claims Court

  • Bill # 1048
  • Summary - This bill increases the filing fee for Small Claims to $35. Once a judgment is entered in the Small Claims case, it shall be immediately transcribed to the civil docket and certified copy provided to the prevailing party at no additional cost. The prevailing party still has the option to file the certified copy of the civil docket with the Superior Court. This bill requires the prevailing party to notify all courts of satisfaction when the judgment is paid.
  • Court Impact - 
    • The filing fee for Small Claims is increased to $35 (not including any dispute resolution that may be imposed within a county). The following Cost Fee Code and BARS codes have been implemented and courts will be required to update their DCXT:
      • Cost Fee Codes Courts will use Small Claims Filing Fee (SCF) or Small Claims Counter, Cross, 3rd Party Fee (CXS) to receipt the $35 filing fee. The Small Claims Filing Fee, Without JST Surcharge (SCW) and Small Claims Counter, Cross, 3rd Party Fee, Without JST Surcharge (CSW) will be made obsolete.
    • Previously, RCW 12.40.105 allowed the losing party 30 days to pay the judgment and then (per RCW 12.40.110), upon notification of the prevailing party, the court certified the judgment and the clerk entered the judgment into the district court docket. Under the law as amended, the introductory phrase to RCW 12.40.105 has been deleted and RCW 12.40.110 has been repealed. As a result, the 30 day grace period is removed and the judgment is due immediately.  As of July 28, 2019, upon the entry of a judgment in a small claims action, the judgment is certified and the clerk shall enter it on the district court docket.
    • Chapter 12.36 RCW - Small Claims Appeals was not changed due to this bill, so the current Small Claims Appeal process should be followed.  However, RCW 12.40.120 was amended regarding motions to set aside a judgment, to indicate that "civil" rules governing setting aside a judgment are to be followed.
    • The Small Claims Judgment Pattern Form has been updated and posted to the Court Form web site on the Washington Courts web site***.  
    • The Small Claims Court brochure has been updated and posted to the Resources, Publications and Reports web site on the Washington Courts web site prior to the effective date.
  • Court Action - 
    • The courts will need to update their County Department Cross Reference Table (DCXT) for the new BARS code 386.01.01. This BARS code includes the increase includes $0.50 Judicial Stabilization Surcharge (JST) that is permanent unlike the $30 JST surcharge for civil filing fees that is due to sunset in July 2021. It also includes a $0.50 increase to the Crime Victim fund.
  • Effective - 7/28/2019

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EHB 1074 - Increasing the Minimum Legal Age of Sale of Tobacco and Vapor Products

  • Bill # 1074
  • Summary - This bill increases the legal age to twenty-one years for the lawful sale or distribution of tobacco and vapor products.
  • Court Awareness - The law table entry for RCW 26.28.080 will be updated
  • Effective - 1/1/2020

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SHB 1116 - Addressing Motorcycle Safety

  • Bill #1116
  • Summary - This bill adjusts regulations of motorcycle operator endorsements with changes to the examination for permit process and length of the permit with the Department of Licensing. An additional penalty is imposed to traffic infraction for unendorsed operation of a motorcycle.
  • Court Impact - 
    • Law Table: The RCW 46.20.500 will increase to $386 by the effective date. 
    • The list of law table changes can be found attached to the bottom of this answer.
    • A new BARS codes are created for the additional penalty which is requires to be deposited into the Motorcycle Safety Education Account.
  • Court Action - ***Effective December 12, 2019, all codes have been added to JIS for courts to update the DCXT.
    • Courts must update their DCXT Table entries for the new BARS Codes to make sure their future remittance reports have the appropriate splits.
    • To assist in this activity the County Department Cross Reference (DCXT) Worksheet, available in the JIS Codes Manual, will be updated to identify all new BARS Codes that need added/changed in DCXT.
    • A JIS Release Note has been sent December 12, 2019 to provide information to courts.
  • Effective - 1/1/2020

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HB 1149 - Clarifying Requirements to Obtain a Sexual Assault Protection Order

  • Bill #1149
  • Summary -  This bill amends the criteria for obtaining a civil sexual assault protection order in response to Roake v. Delman, 189 Wn.d2 775 (2018). It eliminates any requirement for a victims petition to include statements demonstrating fear of future dangerous acts and specifies that experiencing sexual assault is itself a reasonable basis for a victims ongoing fear.
  • Court Awareness - The Pattern Forms for Sexual Assault Protection Orders will be updated and on the Court Forms page of the Washington Courts web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - 7/28/2019

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SHB 1225 - Establishing Policies and Requirements to Enhance the Safety of Domestic Violence Victims, Families, and Officers

  • Bill #1225
  • Summary - This bill requires a court that issues a pre-trial no-contact order in a DV action to consider the provisions of RCW 9.41.800 regarding whether to require the restrained party to surrender, and prohibit the person from possessing, all firearms, dangerous weapons, and any concealed pistol license. The court is authorized to impose a condition of release that prohibits the defendant from possessing or accessing firearms and may order the defendant to immediately surrender all firearms and any concealed pistol license to a law enforcement agency upon release.
  • Court Awareness - The Pattern Forms for No Contact Order and Surrender of Firearms Order will be updated and on the Court Forms page of the Washington Courts web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - 7/28/2019

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HB 1252 - Crimes Committed by Business Entities

  • Bill #1252
  • Summary - This bill creates the Corporate Crime Act and modifies the criminal code relating to crimes committed by business entities, which are more expansively defined than the prior statutory reference to corporations. Legal financial obligations bear interest from the date of the judgment until payment at the rate applicable to civil judgments; and that when an entity is ordered to pay restitution, payments to restitution must be distributed prior to all other obligations. Increases the maximum monetary penalties that can be imposed when an entity is convicted of a criminal offense:  Gross misdemeanor - $250,000 and Misdemeanor - $50,000.
  • Court Awareness - 
    • Convictions of cases involving business entities are required to follow the same order of legal financial obligation disbursement:
      • Uncompensated restitution recipients;
      • Compensated restitution recipients; and
      • All other fines, fees, and costs.
For more detailed information, see eService Answer: LFO Bill Impacts for Courts of Limited Jurisdiction.
  • Effective - 7/28/2019

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ESHB 1325 - Regulating Personal Delivery Devices

  • Bill #1325
  • Summary - This bill defines personal delivery devices and authorizes their operation in areas where pedestrians are permitted to travel, provided that the business that operates them complies with governing rules of the road, and certain registration, insurance, monitoring, and reporting requirements. Violation of the applicable regulations or rules of the road is a traffic infraction, which is issued to the business registered agent. The infraction is not added to the registered agents driving record and is processed like a parking infraction.
  • Court Impact- 
    • The infractions will be processed like a parking ticket or vehicle related violations and will not go on the registered agents driving record.
    • The device must be registered with the Department of Licensing (DOL) and be given a unique identification number. Currently, it is unknown the format of the number being issued. This answer will be updated when more information is received from DOL regarding the unique identification number format for these devices.
      • NOTE: The unique DOL number for these devices will not be in the Vehicle Registration Database so owner information and delinquent notices will need to be manually processed in the JIS Parking Sub-system.
    • The infractions will be issued to the registered agent within Washington State associated with the business.
  • Court Action -
    • It is unknown which jurisdictions will get any tickets from their pilot runs of these devices. If your court receives a ticket please contact AOC via the eService Center and we will help you walk through the set-up and processing steps for these tickets.
  • Effective - 9/1/2019

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SHB 1326 - Collecting DNA Samples

  • Bill #1326
  • Summary - This bill creates Jennifer and Michella's Law, which expands the authority for DNA collection to include indecent exposure, allows law enforcement to submit lawfully obtained DNA to the Washington State Patrol (WSP) for forensic analysis, and requires that when an offender is not required to serve a term of confinement, the court must order a qualifying individual to report to local law enforcement to provide a biological sample within a reasonable amount of time.  Failure to provide the sample constitutes a gross misdemeanor.
  • Court Awareness - The Judgment and Sentence, Adjudication/Deferred Disposition, and Guilty Plea Pattern Forms will all be updated and posted to the Court Form web site on the Washington Courts web site prior to the effective date.  A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - 7/28/2019

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SHB 1350 - Issuing Temporary Protection Orders

  • Bill #1350
  • Summary - This bill clarifies that when any of the statutory factors are present that require transfer of the criminal anti-harassment protection order from a CLJ court to a superior court, the CLJs jurisdiction is limited to issuance and enforcement of a temporary order for protection.
  • Court Awareness - No forms changes will be made for this bill.
  • Court Impact -
    • Please follow your jurisdictions' current practice regarding filing fees on cases transferred to the superior court.
    • It is recommended that the temporary order not be added on the Order Add (ORDA) screen in the Judicial Information System (JIS), just complete the judgment and the docket entries regarding the order being granted/denied.  This will prevent the appearance of two orders when the case is entered in the superior court's case management system (CMS).
  • Effective - 7/28/2019

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SHB 1436 - Snow Bikes

  • Bill #1436
  • Summary - This bill creates a single vehicle license that allows for the operation of a motorcycle as either a motorcycle or as a snow bike.
  • Court Awareness - A new traffic infraction of Operation of Pervious Converted Snow Bike Violation is created. It is unlikely this violation will be cited often so it will not be added to the Statewide Law Table at this time.
  • Court Action - If a court receives a citation for this violation, please contact Customer Services via the eService Center to request the law be added to the statewide law table.
  • Effective - 9/1/2019

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E2SHB 1517 - Domestic Violence

  • Bill #1517
  • Summary - This bill modifies statutes regarding criminal conduct based on DV behavior problems. Definitions to distinguish between intimate partner and other categories of domestic relationships are amended and the prosecutor must specify if the relationship is intimate partners or family or household members in criminal proceedings. RCW 10.99.050 clarifies that non-felony no contact orders can remain in effect for up to five years. Deferred Prosecution statutes are amended to allow misdemeanor and gross misdemeanor charges to enter a Deferred Prosecution for DV behavior problems and the court shall order the surrender of firearms and not to possess firearms. The Gender and Justice Commission Work Group is to continue the study of DV treatment and risk assessment.
  • Court Awareness - 
    • A defendant shall only have one Deferred Prosecution (under RCW 10.05) for a traffic misdemeanor/gross misdemeanor OR Domestic Violence misdemeanor/gross misdemeanor. 
  • Court Impact - 
    • Prosecutors are to specify if the relationships in DV proceedings are intimate partners or family/household members. Additionally, all petitions for domestic violence protection orders must indicate whether the parties involved are intimate partners or family/household members. This information is to be entered on the Family Relationship Case (FRC) screen all DV proceedings using Relationship Codes.
      • Intimate Partner relationships are defined as: Spouse, domestic partners, former spouses or former domestic partners, child in common, persons over age 16 whom reside or have resided together AND have or have had a dating relationship.
      • Two additional relationship codes have been added to help document intimate partner relationships in JIS:
        • IPR - Intimate Partner Reside Together
        • IXR - Intimate Partner Former Reside Together
      • Use the existing codes for Reside Together and Formerly Reside Together when the parties reside/formerly resided together but were NOT in an intimate partner relationship define above.
  • Effective - 7/28/2019* (*most sections)

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SHB 1531 - Medical Debt

  • Bill #1531
  • Summary - This bill lowers the pre-judgment interest rate for unpaid consumer debt to 9% and prohibits the sale or assignment of medical debt to a collection agency until 120 after the initial bill statement is sent to the patient or responsible party.  
  • Court Awareness -
    • The Plaintiff is prohibited from seeking a warrant for the arrest of a judgment debtor for any actor or failure to act that arises out of, or relates to, a judgment for medical debt, unless doing so constitutes a crime under state law.
    • No new Civil Cause Code is created for these matters; courts can use the existing codes of GS - Goods and Services, SER - Services Rendered, or OTH - Other.
    • Courts may add a notation on the Note Line of the Case Docket (CDK) that states no warrants may be issued and/or accrues different interest rate.
  • Effective - 7/28/2019

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SHB 1602 - Consumer Debt

  • Bill #1602
  • Summary - This bill changes the judgment interest rate for unpaid consumer debt to 9% above the prime rate, unless the judgment interest rate is specified in the contract. Increases the garnishment exemptions on bank account and wages for judgments on consumer debt. Modifies the writs and forms for garnishments to specify if writ is for consumer debt
  • Court Awareness -
    • No new Civil Cause Code is created for these matters; courts should use the existing code OTH - Other.
      The Pattern Forms for Garnishment will be updated and on the Court Forms page of the Washington Courts web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - 7/28/2019

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SHB 1667 - Public Records Request Administration

  • Bill #1667
  • Update - There is no change to the Name Change Auditor recording fee on June 30, 2020.  Since implementation of 2019 legislation, courts were informed the Name Change Auditor recording fee would increase an additional $1.00 effective June 30, 2020 for a total of $104.50. However, in 2019 there were two competing bills, SHB 2015 removed the surcharge of 36.22.175(4) and the SHB 1667 reinstated it. The Code Reviser has indicated the conflict and the resolution for RCW 36.22.175.  
    • See HB 1923 and SHB 2015 for increases to Name Change Auditor (NCA) cost fee code for 2019.

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SHB 1732 - Identifying and Responding to Bias-Based Criminal Offenses

  • Bill #1732
  • Summary - This bill changes the title of Malicious Harassment to Hate Crime Offense and expressly includes gender identity or expression as a protected category under the Hate Crime Offense statute. Circumstances are added to the list of acts that allow the trier of fact in a criminal prosecution for a Hate Crime Offense to infer that a threat was intended. The maximum punitive damages available in a civil action brought by a victim of a Hate Crime Offense is increased from $10,000 to $100,000.
  • Court Awareness -The title descriptions in the law table entries will be updated as follows:
    • RCW 9A.36.080 - Malicious Harassment will change to Commission of Hate Crime
    • RCW 9A.36.080.A - Malicious Harassment Attempt will change to Commission of Hate Crime Attempt.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/28/2019

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SHB 1739 - Firearms that are Undetectable or Untraceable

  • Bill #1739
  • Summary - This bill establishes criminal penalties applicable to undetectable and untraceable firearms.
  • Court Knowledge -A Gross Misdemeanor for Undetectable Firearm Manufacture will be added to the statewide law table once the law is codified.
  • Effective - 7/28/2019* (*most sections)

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ESHB 1768 - Substance Use Disorder Professional Practice

  • Bill #1768
  • Summary - This bill changes the terms Chemical Dependency and Chemical Dependency Professional to Substance Use Disorder and Substance Use Disorder Professional in many statutes.
  • Court Impact -To allow courts to document when substance use evaluations and/or treatment has been ordered, two new Case Condition Codes are available as of 7/28/2019:
    • SUE  Substance Use Evaluation
    • SUT  Substance Use Treatment
  • Effective - 7/28/2019* (*most sections)

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ESHB 1786 - Improving Procedures and Strengthening Laws Relating to protection Orders, No-Contact Orders, and Restraining Orders

  • Bill #: 1786
  • Summary -This bill revises the standards and procedures for all protection order types, surrender of firearms and dangerous weapons, and the concealed pistol license.
  • Court Action - This bill requires the courts to develop procedures to ensure timely and complete compliance with order to surrender weapons, including a compliance review hearing. The number of firearms surrendered is required to be entered in JIS for tracking and reporting purposes.
  • Court Impact -
    • New codes have been implemented to assist courts in their procedures:
    • For Criminal Cases:
    • Case Condition Code PRS - Proof of Surrender replaces existing code PR5 - Proof of Surrender within Five Days.
    • Case Condition Code SRF - Surrender Receipt Filed to be used to indicate when the LEA files a surrender of weapons receipt.
    • Time Unit Type Code F - Firearms was added for use with the SRF code so courts can indicate the number of Firearms surrendered per the receipt.
    • For Civil Cases:
    • Civil Judgment Code SW - Surrender of Weapons can be added on a civil protection-type order case where the surrender of weapons was ordered.
    • Civil Judgment Disposition Code SR - Surrender Receipt can be added to indicate when the LEA files a surrender of weapons receipt.
    • A new field will display on the Civil Judgment (CVJ) screen for use with these two codes only. The field, #FrmSur:, will allow the court to record the number of Firearms surrendered per the receipt.
    • For both Criminal and Civil Cases:
    • Two new Hearing Codes have been added:
      • CFS - Compliance Review Firearm Surrender Hearing
      • CFN - Compliance Review Firearm Surrender - Non-Compliance Hearing
    • When service is required by law enforcement, service packets must be sent to the law enforcement agency electronically.
    • Court forms are being developed and will be posted on the Court Forms page of the Washington Courts web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
    • ***Implementation Note as of July 26, 2019: due to time constraints of the legislative deadline and number of changes implemented this session, there will be a few items on the Plea/Sentence (PLS) screen that will need to be fixed following the release. See eService Answer 2516 for more information.  This answer will be updated when fixes have been completed.
    • For more detailed information, see eService Answer: 2019 Legislation SHB 1786 impacts for CLJ Courts.
  • Effective - 7/28/2019

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HB 1792- Marijuana Retailer Penalties

  • Bill # 1792
  • Summary - This bill creates a new gross misdemeanor under Chapter 69.50 RCW with a new violation for knowingly selling marijuana to someone under the age of 21 years of age.
  • Court Awareness -A new Gross Misdemeanor Employee Sell Marijuana to Under 21YO will be added to the statewide law table once the law is codified.
  • Effective - 7/28/2019

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E2SHB 1873 - Taxation of Vapor Products as Tobacco Products

  • Bill #1873
  • Summary - This bill creates a new Chapter to Title 82 RCW related to taxation of vapor products. New crimes are created for transporting vapor products for sale and licensee violations.
  • Court Awareness -A new Gross Misdemeanor Vapor Product Transport violation and a new Misdemeanor Vapor Licensee Violation will be added to the statewide law table once the law is codified.
  • Effective - 10/1/2019 

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SHB 1919 - Animal Abuse

  • Bill #1919
  • Summary - This bill expands the crime of animal cruelty 2nd degree.
  • Court Awareness -The law table will be updated to re codify Animal Cruelty 2nd Degree Inflict Unnecessary Suffering to RCW 16.52.207.1.a.
  • Effective - 7/28/2019

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SHB 1923 - Increasing Urban Residential Building Capacity

  • Bill #1923
  • Summary - This bill adds an additional $2.50 surcharge per instrument filed with the county auditor, for every document recorded, to be deposited in the Growth Management Act Planning and Environmental Review Fund.
  • Court Impact - The Name Change Auditor Fee (NCA) Cost Fee Code will increase by $2.50 to $101.50, effective July 1, 2019.
    • See also bills HB 1667 and ESHB 2015 for the additional increases to the NCA Cost Fee Code amount due to 2019 legislation.
    • A JIS Release Note will be sent prior to each NCA fee increase.
  • Effective - 7/28/2019* (*most sections)

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SHB 2015 - Providing Funding for the WA State Library-Archives Building

  • Bill #2015
  • Summary - This bill adds an additional $2.00 surcharge per instrument filed with the county auditor, for every document recorded.
  • Court Impact - The Name Change Auditor Fee (NCA) Cost Fee Code will increase by $2.00 to $103.50, effective July 28, 2019.
    • See also bills HB 1923 and HB 1667 for the additional increases to the NCA Cost Fee Code amount due to 2019 legislation. 
    • A JIS Release Note will be sent prior to each NCA fee increase.
  • Effective - 7/28/2019* (*most sections)

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SSB 5017 - Uniform Unsworn Declarations

  • Bill #5017
  • Summary - This bill it making unsworn declarations more uniform with other states and includes standard language that can be used for foreign declarations. However, in doing so it repeals RCW 9A.72.085, which is referenced in General Rule 30 - Electronic Filing and Service, effective July 1, 2021.
  • Court Impact -
    • If courts have local court rules that also refer to RCW 9A.72.085 as part of the authority for accepting electronically filed documents and electronically signed documents, the court rule may need to be reviewed for possible amendments prior to July 1, 2021.
    • Court Rule GR 30 may also be amended prior to the July 1, 2021 repeal of RCW 9A.72.085. You can subscribe to AOC's Email Notification service to be notified when court rule changes have been published for comment.
    • A number of Pattern Forms that include ""unsworn"" declarations will be updated and on the Court Forms page of the Washington Courts web site by the effective date.  A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - 7/28/2019* (*most sections)

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ESSB 5027 - Extreme Risk Protection Orders

  • Bill # 5027
  • Summary - This bill allows Extreme Risk Protection Orders to be pursued against a respondent that is under the age of 18 years old.  District and Municipal Courts can hear the initial filing and temporary order then transfer the case to the Superior Courts.
  • Court Awareness - 
    • No guardian ad litem (GAL) needs to be appointed if the respondent is over under the age of 18 but over the age of 16.  A GAL may be appointed for petitioner or the respondent and there is no charge to the petitioner.
    • The juvenile court has jurisdiction if the respondent is under 18 years old.
    • Juvenile respondents who are restrained by an ERPO may petition the court to have court records sealed and the court shall seal the court records from public view if:
      • There are no active protection orders against the restrained party;
      • There are no pending violations of the order; and
      • There is evidence of full compliance with the relinquishment of firearms as ordered by the ERPO.
    • An ERPO can be initiated in a district or municipal court for entry of an ex parte temporary order, even if the respondent is under 18 years old.  The case will then be transferred to the superior court for the full hearing
  • Court Impact - 
    • A new Civil Cause Code of XRU - Extreme Risk Protection Order Respondent Under 18 Years is being added to JIS.
    • Three new Docket Codes are also being added:
      • PTXR18 - Petition Extreme Risk Respondent Under 18 Years
      • TMXR18 - Temporary Order Extreme Risk Respondent Under 18 Years
      • ORTR18 - Order Transferring Respondent Under 18 Years
    • The Extreme Risk Protection Order Pattern Forms will be updated and on the Court Forms page of the Washington Courts web site by the effective date.  A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
For more information regarding Extreme Risk Protection Orders, see eService Answer: Extreme Risk Protection Orders - CLJ.
  • Effective - 7/28/2019

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ESSB 5127 - Traumatic Brain Injury Fee Increase

  • Bill # 5127
  • Summary - This bill increases the Traumatic Brain Injury (TBI) fee that is imposed on each traffic infraction, from $2.00 to $5.00 and makes the amount so it cannot be waived under any circumstances.
  • Court Awareness -
    • The TBI Cost Fee Code will no longer be an individual line item on the Create Accounts Receivable (CAR) screen upon creation of traffic infractions, effective July 28, 2019. The TBI amount will be moved to the JTR Cost Fee Code so it cannot be waived. The JTR Code total will increase from $62 to $67.
    • All statewide and local Infraction Traffic laws are being updated to show the new penalty increase of $3.00.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Court Impact - Though initially announced that a large number of BARS Codes would need to be changed for this bill, AOC staff was able to reduce the changes to only a couple of BARS Codes. The new BARS Codes have been updated for the law table changes and will be available for viewing in the BARS Code manual.
  • Court Action -
  • Effective - 7/28/2019

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SB 5205 - Involuntary Treatment

  • Bill # 5205
  • Summary - This bill requires charges to be dismissed without prejudice when a person is found incompetent to stand trial unless the prosecutor motions to require competency restoration treatment.
  • Court Awareness - If the charges are dismissed with a finding of incompetent to stand trial, the judge must also review the defendant's criminal history to determine if there is a history of violent acts.  When there is a finding of a history of violent acts, that needs to be documented as part of the dismissal and the dismissal then must be submitted within three days to DOL and NICS using Firearms Reporting for Mental Health Commitments web tool on Inside Courts.
  • Court Impact -
    • A new Dismissal Reason Code of DI - Dismissed Incompetent Finding Violent Acts is being added to JIS. 
    • A new Order of Dismissal Incompetency Pattern Forms will be updated and on the Court Forms page of the Washington Courts web site by the effective date.  A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
***Codes are available for use and instructions for the Firearms Reporting Tool have been updated effective 7/28/2019.
  • Effective - 7/28/2019

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SSB 5362 - Deferred Prosecution for Non-payment of Vehicle, Vessel, or Aircraft Registration
  • Bill #5362
  • Summary - This bill allows counties to create a deferral program for individuals who have received a criminal citation for failure to register a vehicle, vessel, or aircraft.
  • Court Awareness -A new section is added to Chapter 10 RCW for this additional ""Deferred Prosecution"" cases; these to not fall under the Deferred Prosecutions outlined in RCW 10.05. To be eligible for these Deferred Prosecutions, the person must:
    • Within 90 days provide proof of completing the following:
      • Pay the $500 fine,
      • Have a valid Washington State Driver's License, and
      • Register the vehicle, vessel, or aircraft that was subject to the citation.
    • The court shall dismiss the charge if the proof of all three is provided.
    • Defendants are only allowed to do a Deferred Prosecution of this type of charge if they have never had a previous conviction or deferral for failing to resister a vehicle, vessel, or aircraft.
  • Court Impact-
    • Courts can use the existing Deferred Prosecution-type Finding;/Judgment codesto document when a DP is granted on these cases:
      • DP - Deferred Prosecution
      • GD - Guilty - Deferred Prosecution Revoked
      • D - Dismissed, with Dismissal Reason code DP - Deferred Prosecution Completed
    • The Vehicle Registration version of this law must be reported to DOL.
      • They will be automatically reported via eDisposition Sender on eTickets.
      • Only manually filed tickets need reported using DOL's FormSite.
      • DOL will not be recording them as a 10.05 DP, but will be recording them as a conviction due to the $500 fine payment.
    • The $500 fine as part of the DP must be used by the local county for enforcement and prosecution of registration requirements:
      • Use the Cost Fee Code VDP to document the fine.
    • Failure to comply results in a Guilty finding with required mandatory minimum fines and costs that must be imposed and sent to the Vehicle License Fraud Account.
      • The mandatory minimum fines and costs cannot be suspended or reduced.
      • Use Cost Fee Code VLF to document the fines and costs imposed.
  • Effective - 7/28/2019

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E2SSB 5444 - Forensic Mental Health

  • Bill #5444
  • Summary - This bill allows the court to appoint a forensic navigator, who is employed or contracted by the Department of Social and Health Services (DSHS), to assist defendants who are referred for a competency evaluation or who are ordered to receive competency restoration, if a forensic navigator is available.
  • Court Awareness -
    • Courts must dismiss the charge without prejudice unless the prosecutor motions for competency restoration.
    • If competency restoration is ordered, the court can order either In-patient or Out-patient Restoration treatment, if Out-patient treatment is available.
    • Based on information provided from DSHS as of June 2019, their target date for forensic navigator availability is July 1, 2020. Forensic navigator appointments cannot be made until the courts receive notification of their availability.
  • Court Impact - A new Participant Type Code FNV - Forensic Navigator is being added to JIS. ***Code available for use effective 7/28/2019.
    • The Pattern Forms will be updated and on the Court Forms page of the Washington Courts web site by the effective date.  A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Court Action - If Out-patient treatment is ordered, and the defendant violates the conditions of release, the court must set a hearing within 5 days and the defendant will be required to do In-patient restoration treatment.
  • Effective - 7/28/2019

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E2SSB 5497 - Keep Washington Working Act***

  • Bill #5497 
  • Summary - This bill establishes the Keep Washington Working work group within the Department of Commerce to develop strategies and methods to strengthen immigrants' career pathways, support organizations to provide workforce stability for the agriculture industry, and recommend approaches to attract immigrant-owned business.  It also requires the Attorney General's Office to develop model policies limiting immigration enforcement in public schools, publicly operated health facilities, courthouses, and shelters.
  • Court Awareness -
  • Effective: May 21, 2019

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SB 5551 - Courthouse Dog Assistance

  • Bill #5551
  • Summary - This bill authorizes courts to allow the use of courthouse facility dogs, by witnesses in judicial proceedings. Courts with available courthouse facility dogs must allow their use for witnesses under 18 years of age or who have developmental disabilities.
  • Court Knowledge -
    • The party desiring the use of the courthouse facility dog must file a motion setting out specific information.
    • A certified handler must be available and present in the courtroom whenever the courthouse facility dog facilitates a witness's testimony.
    • The court must provide jury instructions designed to prevent any prejudice, both before the witness testifies and at the conclusion of the trial.
  • Effective - 7/28/2019

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2SSB 5577 - Orca Whales/Vessels

  • Bill #5577
  • Summary - This bill adjusts the statutory speed and distance restrictions that pertain to vessels around Orca whales. It also creates a commercial whale watching license requirement for whale watching operators.
  • Court Awareness -
    • No law table changes are needed for the changes to the infractions for speed and distance restrictions, however, two new crimes are being added to the JIS Law Table once the laws have been codified:
    • Gross Misdemeanor - Unlawful Commercial Whale Watching 1st Degree
    • Misdemeanor - Unlawful Commercial Whale Watching 2nd Degree
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/28/2019 (most sections)

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SB 5605 - Marijuana Misdemeanors

  • Bill #5605
  • Summary -This bill allows any person convicted of a misdemeanor or gross misdemeanor marijuana offence under specific statutes or an equivalent municipal ordinance, who was at least 21 years old at the time of the offense, to apply to the court for a Vacation of the conviction.
    • Court Awareness -
    • There are no longer requirements that the conditions of sentence must be satisfied on these cases, prior to the Vacation to be granted.
    • Courts will need to determine their own procedures addressing cases that have been granted a Vacation though sentencing conditions and/or fines remain outstanding.
    • The Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records brochure will be updated and available on the Resources, Publications, and Reports web site by the effective date.
  • Effective - 7/28/2019

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SSB 5621 - Jurisdiction Amount Increase on Small Claims Actions

  • Bill #5621
  • Summary - This bill raises the jurisdiction amount of Small Claims actions from $5,000 to $10,000 when the case is brought by a human being.  The jurisdictional limit for all other Small Claims actions remains at $5,000.
  • Court Knowledge -
    • To allow for the higher limit on Small Claims actions filed by a human being, the Civil Case Add (CIVA)screen in JIS is being modified to accept up to $10,000 in the ""Suit Amount"" field.
      • The screen warning message will not appear when an amount is entered that is higher than $10,000.
      • There will be no system edits to determine if the suit filed is by a human being or a business, so courts will need to manually determine the appropriate maximum suit amount per filing.
  • Effective - 7/28/2019

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SB 5622 - Revising Courts of Limited Jurisdiction Commissioners' Authority

  • Bill # 5622
  • Summary - This bill grants authority for courts of limited jurisdiction commissioners to solemnize marriages and to preside over trials.
  • Court Awareness -
    • The parties must agree to allow the commissioner to preside over trials in criminal matters or in civil jury trials.
    • Additional documentation may be filed to document the agreement or objections by either party.
  • Effective - 7/28/2019

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SSB 5695 - High Occupancy Lane (HOV) Violations
  • Bill # 5695
  • Summary - This bill escalates the penalties on traffic infractions for violations of HOV lane restrictions in an effort to discourage this conduct.
  • Court Awareness -
    • A $50 penalty will be added to all HOV lane restriction violations.
    • An additional $150 penalty is added to all HOV lane restriction violations that occur within two years of a prior HOV lane violation.
    • A $200 penalty is added to any HOV lane restriction violation that occurs while using a dummy, doll, or other human facsimile to make it appear that an additional person is in the vehicle.
    • None of the additional penalties are subject to the usual Infraction Traffic assessments or splits, and all will be split between the congestion relieve/traffic safety account and the motor vehicle fund account.
  • Court Impact -
    • Four new versions of the HOV lane violations will be added to the law table.
    • A new Cost Fee Code of HOV has been added to track the additional $50 and $150 HOV lane restriction penalties.
    • A new Cost Fee Code of DUM has been added to track the additional $200 Dummy violation penalty.
  • Court Action -
    • BARS Codesare being added for the new cost fee codes.
      • Courts must update their DCXT Table entries for the new BARS Codes to make sure their future remittance reports have the appropriate splits.
      • To assist in this activity the County Department Cross Reference (DCXT) Worksheet, available in the JIS Codes Manual, is being updated to identify all new BARS Codes that need added/changed in DCXT.
    • ***Codes are available for use effective 7/28/2019.
  • Effective - 7/28/2019

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SSB 5723 - Pedestrian and Other Vulnerable Roadway User Safety
  • Bill #5723
  • Summary - This bill adds an additional penalty, equal to the base penalty of the violation, for certain rules of the road violations if it occurs in the proximity of a vulnerable user of the public way.  
  • Court Awareness -
    • The additional penalty amount added to the Vulnerable User versions of these laws is not subject to the normal Infraction Traffic assessments or splits and must be deposited into the Vulnerable Roadway User Education Account.
      • The new additional penalty amounts cannot be waived, reduced, or suspended unless the court finds the offender to be indigent.
    • New versions of the laws that are impacted by this bill will be added to the law table by the effective date.
  • Court Action - ***Effective 12/12/2019 all codes have been added to JIS and available for courts to update the courts DCXT
    • BARS Codes - a new BARS code is created for the new Vulnerable Roadway User Education Account:
      • Courts must update their DCXT Table entries for the new BARS Codes to make sure their future remittance reports have the appropriate splits.
      • To assist in this activity the County Department Cross Reference (DCXT) Worksheet, available in the JIS Codes Manual, will be updated to identify all new BARS Codes that need added/changed in DCXT.
    • Cost Fee Code - The Cost Fee Code Vulnerable Roadway User Education (VUA) has been created for the $48 penalty and will be automatically added to the potential accounts receivable on the Create Accounts Receivable (CAR) screen when the following violations are added in JIS: RCW 46.61.110.1B, RCW 46.61.110.2, RCW 46.61.145.4, RCW 46.61.180.3, RCW 46.61.185.2, RCW 16.61.190.4, RCW 46.61.205.2
      • A JIS Release Note has been sent December 12, 2019 to provide information to courts.
  • Effective - 1/1/2020

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RN ID 2491