eService Center - Administrative Office of the Courts

Which laws passed during the 2019 Washington State Legislative session impact the Superior Courts and Juvenile Department, and what are those impacts?

A number of bills passed during the 2019 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 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 T" 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

• SHB 1041 - Certificates of Discharge and Vacating Conviction Records
• SHB 1049 - Health Care Whistleblowers
• HB 1064 - Law Enforcement
• HB 1066 - Debt Collection Lawsuits
• EHB 1074 - Increasing the Minimum Legal Age of Sale of Tobacco and Vapor Products
• 2SHB 1166 - Supporting Sexual Assault Survivors
• SHB 1225 - Establishing Policies and Requirements to Enhance the Safety of Domestic Violence Victims, Families, and Officers
• HB 1252 - Crimes Committed by Business Entities
• SHB 1326 - Collecting DNA Samples
• SHB 1350 - Issuing Temporary Protection Orders
• E2SHB 1517 - Domestic Violence
• HB 1602 - Consumer Debt
• E2SHB 1646 - Juvenile Rehabilitation Confinement
• ESHB 1692 - Agency Employee Workplace Harassment and Stalking Public Records Act
• HB 1742 - Juvenile Offenses involving Depictions of Minors
• SHB - 1786 Protection Orders
• HB 1900 - Maximizing Federal Funding for Prevention and Family Service and Program
• ESSB 5027 - Extreme Risk Protection Orders
• SSB 5181 - Involuntary Detention and Treatment
• SB 5205 - Incompetency for Trial/Firearms Possession
• E2SSB 5290 - Non-criminal Youth Detention
• ESSB 5332 - Vital Statistics
• SSB 5333 - Uniform Parentage Act
• SSB 5399 - Child Relocation
• SSB 5405 - Organ Transplant Non-discrimination
• E2SSB 5444 - Forensic Mental Health Care  
• SSB 5492 - Motor Vehicle Felonies
• E2SSB 5497 - Keep Washington Working Act***
• ESSB 5600 - Residential Tenant Protections
• 2SSB 5604 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act
• SB 5649 - Sexual Assault - Adjusting Statute of Limitations
• SB 5895 - Guardian ad Litem Fingerprint Checks
• SSB 5955 - Dept. of Children, Youth, and Families (DCYF)

SHB 1041 - Certificates of Discharge and Vacating Conviction Records

• Bill # 1041 
• Summary - This bill modifies the process for obtaining a certificate of discharge and vacating a conviction.  The certificate of discharge issued by the court can have an immediate or a future effective date.  The court shall issue a certificate of discharge effective upon a certain date if all sentence conditions, including payment of LFOs, have been met.  The crimes for which a record of a felony conviction may be discharged are expanded. The bill modifies the misdemeanor vacation statute. Recidivist offense is defined.   
• Court Knowledge -
  • The Department of Corrections notice provided to the County Clerk at the end of an offenders supervision will now include a list of specific sentence requirements that have been completed to ensure that the sentencing court knows the person is entitled to a certificate of discharge upon payment of his or her legal financial obligations.
  • An offender may file a motion with the sentencing court for a certificate of discharge and provide verification of completion of all non-financial conditions of sentence.  The court can waive the requirement for verification.  The resulting certificate of discharge is effective on the later of:  
    • Five years after completion of community custody, or after completion of full and partial confinement if not required to serve community custody; or
    • The date any and all legal financial obligations were satisfied. 
• Court Impact -
  • This bill does not modify the provisions for reissuing a separate no-contact order under a new civil case that requires payment of a filing fee.  In addition to sending the reissued no-contact order to individuals protected by the order, this bill includes a requirement for the clerk to send the no-contact order to other protected entities identified in the order.
  • The Certificate and Order of Discharge form has been updated to accommodate the certificates effective date options:   
    • Existing Event code CRORD - Certificate and Order of Discharge is the appropriate option to event/docket when the certificate and order have an immediate effective date.
    • Existing Event code CRORDN - Certificate and Order of Discharge No Contact Order is the appropriate option to event/docket when the certificate has an immediate effective date and the no contact order has been reissued.
    • New Event code CRORDP - Certificate and Order of Discharge Provisional is the appropriate option to event/docket when the certificate and order have a future effective date.
    • New Event code CRORDPN  Certificate and Order of Discharge for Issuance of Separate NCO is the appropriate option to event/docket when the certificate has a future effective date and the no contact order has been reissued. 
  • The Pattern Forms for certificate and order of discharge 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: July 28, 2019

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SHB 1049 - Health Care Whistleblowers

• Bill # 1049 
• Summary - This bill creates a civil action and remedy to non-employee whistleblowers at health care facilities who have been subject to retaliatory action and establishes standards for the sanction process against medical staff.
• Court Awareness - Civil Miscellaneous or Tort-Other can be used to file complaints under this statute.
• Effective: July 28, 2019

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HB 1064 - Law Enforcement

• Bill # 1064
• Summary - The state must reimburse a peace officer for the reasonable costs of his or her defense when he or she is found not guilty, or charges are dismissed by reason of justifiable homicide or use of deadly force, or by reason of self-defense, for actions taken while on duty or otherwise within the scope of his or her authority as a peace officer. A special verdict is created.
• Court Impact -
  • Odyssey does not allow for entry of a judgment in a criminal case when a defendant is found not guilty.  Since this bill specifically states that reimbursement of the defendants (law enforcement officer) costs is not an independent action, it is necessary to record the reimbursement award/judgment within the criminal case.
  • A new disposition code is being added to Odyssey for this purpose and mapped to the NG (Not Guilty) Charge Result in the legacy application:
    • NGJ - Not Guilty with Judgment
  • ***Code is available for use effective 7/28/2019.
• Effective: February 4, 2019

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HB 1066 - Debt Collection Lawsuits

• Bill # 1066
• Summary - This bill requires a collection agency initiating a debt collection lawsuit to file the summons and complaint with the court prior to service on the debtor.
• Court Awareness - There may be additional debt collection case filings with the court. Defendants named in the debt collection actions should have the case filing information when calling the court.
• Effective: July 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
  • The list of law table changes can be found attached to the bottom of this answer.
• Effective - 1/1/2020

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2SHB 1166 - Supporting Sexual Assault Survivors

• Bill # 1166 
• Summary - The handling, testing, and preservation requirements of sexual assault kits are addressed in the bill.  It also changes the statute of limitations related to sex offenses and sets out sexual assault survivor rights.  
• Court Awareness - The statute of limitations allowing for the prosecution of a sex offense following the identification of a suspect by DNA testing or photograph is extended to two years.
• Court Impact - A sexual assault survivor may seek a court order directing compliance of the survivors rights. The court is expected to expedite consideration of the petition. The Civil Miscellaneous cause of action could be used to file this petition.
• Effective: April 23, 2019* (*multiple dates) 

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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

• 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 Knowledge - 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 - 7/28/19

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SHB 1350 - Issuing Temporary Protection Orders

• Bill # 1350   
• Summary - Bill clarifies when the district and municipal courts jurisdiction to issuing and enforcing a temporary anti-harassment protection order when circumstances require transfer of the case to the superior court.
• Court Awareness -The district and municipal courts have authority to grant a temporary anti-harassment order in cases that are statutorily required to be transferred to the superior court. Transfer of an anti-harassment case filing from a district or municipal court to the superior court is required when:
  • The respondent to the petition is under eighteen years of age;
  • The action involves title or possession of real property;
  • A superior court has exercised or is exercising jurisdiction over a proceeding involving the parties; or
  • The action would have the effect of interfering with a respondent's care, control, or custody or the respondent's minor child.
• Court Impact - The county clerk should confirm entry of the temporary anti-harassment order in JIS upon receipt of the case transferred from a district or municipal court.
• Effective - 07/28/2019

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E2SHB 1517 - Domestic Violence

• Bill # 1517 
• Summary - This bill includes provisions for sentencing alternatives for DV offenders, integrated systems response, and DV assessments in an effort to reduce DV recidivism. It also includes changes related to no-contact protection orders and adopts the Uniform Recognition and Enforcement of Canadian DV Protection Order Act.
• Court Awareness -  
  • The definitions of domestic violence are modified to include specific crimes committed by one family or household member against another, or by one intimate partner against another. In addition, the bill defines intimate partner and family or household members. Criminal proceedings involving domestic violence must specify whether the victim and defendant are intimate partners or family or household members. The prosecutor is required to provide this information.   Petitions requesting a civil domestic violence protection order must include information as to whether the victim and respondent are intimate partners or family or household members.
  • No-contact orders issued in conjunction with a misdemeanor or gross misdemeanor sentence or juvenile disposition can remain in effect for up to five years from the sentencing or disposition date. No-contact orders issued in conjunction with a felony sentence or juvenile disposition can remain in effect for up to the statutory adult maximum sentence.
  • Pre-sentence investigations and chemical dependency screenings may be ordered to assist the court in its sentencing determinations in DV cases. (Sec. 501)
  • Deferred prosecution programs may be used for DV offenses. The program must include specific court-imposed conditions related to DV treatment and appropriate ancillary and co-occurring treatment. A person may only participate in a deferred prosecution program once for a DV offense and use and is not eligible if the offense was originally charged as a felony in superior court. (Sec. 701)
  • The period of suspension of a non-felony DV sentence with probation increases from two years to five years in superior court. (Sec. 301)
  • Canadian DV protection orders may be registered in Washington courts by filing a certified, authenticated, or exemplified copy of the order along with an affidavit by the filer that the order is valid and in effect, to the best of the persons knowledge. The Foreign Protection Order cause of action can be used for superior court case filings.  The order should be entered on the protection order tab in Odyssey or using ORDA in JIS. A fee may not be charged for the registration of a Canadian DV protection order under (Sec. 7 of Sec. 905. Eff. 1/1/2020)
  • The list of law table changes can be found attached to the bottom of this answer.
• Court Impact -
  • New relationship codes needed for statistical purposes will be added to the case management applications for use in DV criminal and civil case filings and protection orders:
    • IPR - Intimate Partner Residing Together
    • IXR - Intimate Partner Former Residing
  • Multiple form changes are being made due to this bill and will be 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.
  • ***Codes are available for use effective 7/28/2019.
• Effective  July 28, 2019* (*multiple dates)

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HB 1602 - Consumer Debt

• Bill # 1602  
• Summary - This bill changes the post-judgment interest rate for unpaid consumer debt; increases bank account and wage garnishment exemptions for judgments on consumer debt; modifies some garnishment forms and outlines debtor exemption rights for consumer debt.
• Court Awareness - Consumer debt is defined as any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes. Consumer debt includes medical debt. The exemption amounts listed in garnishment forms change and the forms must specify whether a writ is for consumer debt. The interest rate on judgments for unpaid consumer debt is 9 percent from the date of entry of the judgment.
• Court Impact - 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: July 28, 2019

ESHB 1692 - Agency Employee Workplace Harassment and Stalking Public Records Act

• Bill #1692
• Summary - Court action is required for disclosure of information in response to a public records request concerning state agency employees who have made a claim of workplace sexual harassment or stalking, or are named as a victim, depending on the role of the requestor. 
• Court Awareness - A court order is required for a state agency to disclose records concerning an employee who has made a claim of workplace sexual harassment or stalking when the requestor is the person named as the alleged harasser.  A state agency employee may file an action in court to enjoin disclosure of records when the requestor is someone other than the alleged harasser. A person who requests and obtains records covered by this bill is subject to civil liability if the records are used, or given to another person, to harass, stalk, threaten, or intimidate an agency employee.   
• Court Impact - The PRA - Public Records Act cause of action should be used to file actions contemplated in this bill, related to requests for disclosure of agency records, enjoin disclosure of records, and civil liability actions.  The PRA cause of action is intended for actions filed under RCW 42.56.
• Effective: July 1, 2020

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HB 1742 - Juvenile Offenses involving Depictions of Minors

• Bill # 1742 
• Summary - This bill excludes minors from crimes dealing in depictions of a minor engaged in sexually explicit conduct and creates a new class of crimes that apply exclusively to minors. Exempts minors from criminal culpability for dealing in depictions of themselves engaged in sexually explicit conduct unless the minor sells the depiction. Requires the prosecutor to divert a juveniles first offense for dealing in depictions under certain circumstances.
• Court Awareness - A prosecutor must divert a juvenile case where there is sufficient evidence to charge the alleged offender if it is the offenders first violation of (1) minor selling depictions of themselves in sexually explicit conduct, or (2) distribution, transfer, dissemination, or exchange of a sexually explicit image of another minor 13 years of age or older.
  • 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 - 1786 Protection 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.  New pattern forms are in process.
• Court Impact -
  • New Event/Docket codes have been implemented to assist courts in their procedures:
    • ORRWSC - Order on Review Weapon Surrender Compliance
    • ORCRH - Order Compliance Review Hearing
    • ORDMTP - Order Denying Petition Motion for Protection
    • ORCNTWC - Order Continuing Hearing Weapons Compliance 
  • Upon entry of ORRWSC, the number of weapons surrendered should be entered in the Events comment field in Odyssey. The number of weapons surrendered should be added to SCOMIS using the NOTE docket code below ORRWSC. This is required for tracking and reporting purposes.
  • 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.
  • ***Codes are available for use effective 7/28/2019.
• Effective: July 28, 2019

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HB 1900 - Maximizing Federal Funding for Prevention and Family Service and Program

• Bill #1900
• Summary - Implements the federal Family First Prevention Services Act (P.L. 115-123) in Washington. Defines prevention and family services and programs, qualified residential treatment program, relative, and child who is a candidate for foster care for specific purposes. Provides that Family Assessment Response (FAR) services may be extended up to one year, and family preservation services may be extended up to 15 months to families following the return of a child. Expands housing/independent living support eligibility to 23 years of age (up from 21) for certain youth. Expands the definition of group care facility to include settings that care for youth who are pregnant or who are, or are at risk of being, victims of sex trafficking. Requires additional hearings and specific written findings, including within 60 days of a child being placed in a qualified residential treatment program (QRTP), that the court must hold a hearing to determine if the placement is appropriate or if another less restrictive environment meets the child's needs. Placement of a child in a QRTP is subject to frequent review hearings, and if the child remains in the QRTP, the court must make several specific determinations. 
• Court Awareness - 
  • The following codes were approved by the JIS Codes Committee on August 7, 2019 to be used on form JU 03.0460 Order on Motion for Court Approval of Placement in Qualified Residential Treatment Program effective October 1, 2019:
    • OAPQRT = Order approving qualified residential treatment program
    • ORDQRT = Order does not approve qualified residential treatment program
• Effective: October 1, 2019

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ESSB 5027 - Extreme Risk Protection Orders

• Bill # 5027
• Summary - This bill provides that an Extreme Risk Protection Order (ERPO) can be justified based on ""threatening"" or ""violent behavior rather than ""a dangerous mental health crisis"" or ""violent"" behavior.  It also allows for ERPO petitions to be brought against those under 18 years of age.
• 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.
  • Four new Docket Codes are also being added:
    • PTXR18 - Petition Extreme Risk Respondent Under 18 Years
    • TMXR18 - Temporary Order Extreme Risk Respondent Under 18 Years
    • XRPO18 - Extreme Risk Protection Order - Respondent Under 18 Years
    • ORTR18 - Order Transferring Respondent Under 18 Years
  • ***Codes are available for use effective 7/28/2019.,
  • 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.

• Effective: July 28, 2019

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SB 5205 - Incompetency for Trial/Firearms Possession

• Bill # 5205
• Summary - This bill requires the court to make a finding as to whether a defendant has a history of one or more violent acts when the court has dismissed charges of a non-felony crime after finding the defendant not competent.
• Court Awareness - The finding required under this bill bars the person from possessing a firearm until the court restores that right.  Dismissal of the non-felony charges requires the clerks to submit the respondent's information within three days to DOL and NICS using the Firearms Reporting for Mental Health Commitments web tool on Inside Courts.
• Court Impact - 
  • Two new Charge Result/Resolution Codes are being implemented:
    • DI - Dismissal Incompetent  
    • DA - Dismissal Incompetency Finding Violent Act
  • One new Event/Docket Code is being implemented:
    • ORDSMIN - Order of dismissal incompetency with a finding person has history of violent acts
  • A new Order of Dismissal Incompetency Pattern Form 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 were effective and the Firearms Reporting tool instructions are updated as of 7/28/2019.
• Effective: 7/28/2019

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E2SSB 5290 - Non-criminal Youth Detention

• Bill # 5290
• Summary - Over the next four years, this bill will eliminate the use of the valid court order exception used to detain youth as a contempt sanction in the following causes of action:
  • Child in Need of Services (CHINS) - effective 7/1/2020
  • Truancy effective 7/1/2021
  • At Risk Youth (ARY) effective 7/1/2023
  • Dependency effective 7/1/2020  
• Court Awareness - Prior to using detention, the court is required to consider and issue formal written findings on the record demonstrating that:  mitigating and aggravating factors used to determine the appropriateness of detention for enforcement of its order were considered; all less restrictive options were considered and detention was found to be the only appropriate alternative based upon the clear, cogent, and convincing evidence used to enforce the order; the youth was provided the same due process considerations afforded to all youth in criminal contempt proceedings; and input from all relevant parties, including the youth, was sought.  Limitations are placed on detention stays.
• Court Knowledge - A finding that a child has violated a placement order may result in the court directing the court clerk to issue a summons commanding the child's presence at a future hearing. A warrant may be issued in the alternative if there is probable cause to believe that the child will not appear at the hearing or arrest is necessary to prevent serious bodily harm to the child or another person.
• Court Impact - The Pattern Forms Committee has approved the Order Setting Contempt Hearing-Placement.  That order includes the following options and coding:
  • ORSCHSP - Order Setting Contempt Hearing Issue Summons- Placement is the appropriate option to event/docket the order that includes issuance of the summons.
  • WORW - Order for Warrant is the appropriate option to event/docket the order that includes issuance of the warrant. 
  • ***Codes were effective as of 7/28/2019.
• Effective:  July 1, 2019* (*multiple dates)

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ESSB 5332 - Vital Statistics

• Bill # 5332
• Summary - This bill restricts the distribution of birth and death certificates to qualified applicants.  It implements a preservation management policy for the vital records system.
• Court Awareness - An individual denied a delayed report of live birth by the state registrar may petition the court for an order establishing a record of the name, date, and place of live birth, and the parents of the individual whom the live birth is to be registered.  
• Court Impact - An order requiring the state registrar to establish a delayed record of live birth must be forwarded by the clerk to the state registrar within five days after the order is entered (Sec 11, effective 1/1/2021),
• Effective: July 28, 2019* (*multiple dates)

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SSB 5333 - Uniform Parentage Act

• Bill # 5333
• Summary - This bill modifies and/or clarifies provisions of the Uniform Parentage Act (UPA) that was enacted by 2018 Legislation and became effective on January 1, 2019.
• Court Awareness - SSB 5333 clarifies that the final order determining parentage under the UPA and all other records subsequently entered in the proceedings are publicly accessible, subject to exceptions in court rule.  It also expands provisions in RCW 26.26A.470 related to protection orders.
• Court Impact - 
  • Acknowledged parents may file an action for visitation, parenting plan, child support, and health care.
  • Parentage action notice must be done by service of a summons and complaint on all parties entitled to receive a notice.
  • There will be mandatory forms in parentage actions starting January 1, 2020.

• Effective: July 28, 2019

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SSB 5399 - Child Relocation

• Bill #5399 
• Summary - Requires the court to use the factors in the Child Relocation Act for all parenting plans including those with substantially equal residential time. It removes the presumption in favor of relocation for parenting plans with substantially equal residential time. Substantially equal residential time includes arrangements in which 45 percent or more of the child's residential time is spent with each parent without regard for time ordered for non-parents.
• Court Awareness - This bill provides that the court shall make its determination based on the best interest of the child considering the factors in the Child Relocation Act.
• Court Impact - Pattern forms may have minor changes that implement the technical changes in the bill. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
• Effective: July 28, 2019

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E2SSB 5444 - Forensic Mental Health Care  

• 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 people 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 (Connection) Code FNV - Forensic Navigator is being added.
  • Three new Event/Docket Codes are being added:
    •  ORAPFN - Order Appointing Forensic Navigator
    • CROPIP - Order Inpatient Competency Restoration
    • CROROP - Order Outpatient Competency Restoration
      • NOTE: Existing code CROR - Competency Restoration Order is intended for use when the court orders a combination of inpatient and outpatient treatment.
  • ***Codes were effective as of 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: July 28, 2019

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SSB 5492 - Motor Vehicle Felonies

• Bill #5492 
• Summary - This bill addresses sentences for offenders convicted of motor vehicle crimes.
• Court Awareness -
  • A court is authorized to sentence an individual to community custody for 6 to 12 months when the midpoint of the standard sentence range is greater than one year, and the person is being sentenced for either:
    • Theft or attempted theft of a motor vehicle;
    • Possession or attempted possession of a stolen vehicle; or,
    • Taking a motor vehicle without permission in the first or second degree.
  • In such a case, sentence of incarceration may not exceed the mid-point of the standard sentence range reduced by one-third of the ordered community custody.
  • Additionally, an offer receiving a sentence under this section is prohibited from receiving earned release time in excess of one-third of the total sentence.
  • The provision that authorize the court to order community custody for motor vehicle-related felonies expires June 30, 2026.
• Effective: July 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 -
  • On May 21, 2020, the Attorney General's office published it's model policies on their website: Keep Washington Working Act - Guidance, Model Polices, and Best Practices for Washington Court.
• Effective: May 21, 2019

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ESSB 5600 - Residential Tenant Protections

• Bill # 5600 
• Summary - This bill provides for a payment option on a tenant's behalf to a landlord in order to give a tenant additional time to access resources that allow the tenant to stay in the home.
• Court Awareness - The notice to pay rent or vacate for tenancies under the Residential Landlord Tenant Act changes the period to cure a default in the payment of overdue rent from 3 days to 14 days.  The Attorney General's office must produce and maintain the 14-day notice on its web site.  Landlords must apply a tenant's payment to rent due before applying funds towards other charges.   The Landlord Mitigation Program within the Department of Commerce expands eligibility to include landlord claims when judicial discretion set out in the bill is exercised.  The bill modifies the eviction summons.
  • Late fees, if allowable, are limited to $75. A tenant must pay an additional $50 in late fees for each prior reinstatement of tenancy that occurred within the previous 12-month period.  Execution of the judgment shall not occur until the expiration of five court days after entry.  
  • Reasonable attorney fees may be awarded a landlord when a judgment restoring possession of property is entered, provided that the judgment is not entered by default, or the total amount of rent awarded is equal to or less than two month's rent or $1,200, whichever is greater. If a motion to stay a writ of restitution is filed, attorney fees may be awarded to the landlord if the tenant is permitted to be reinstated. 
  • Prior to execution of a writ of restitution, the court may stay the writ upon good cause and on terms that the court deems fair and just for both parties.
  • The court may grant a stay of the writ of restitution for no more than 90 days from the date of the order and establish a payment plan requiring payment within that time.  Additional provisions related to the stay, payment plan requirements, default notice, and execution of the writ upon default of the payment plan are set out in the statute.  
  • A tenant who has been served with three or more notices to pay or vacate within 12 months prior to the current notice is not eligible for relief through the exercise of judicial discretion. 
  • A tenant who is low-income, limited resourced, or experiencing hardship allows the court to issue an order that the landlord is eligible to apply for reimbursement of an unpaid judgment from the Landlord Mitigation Program.  A tenant must reimburse the Dept. of Commerce for funds paid out to the landlord through the program.
  • A landlord may renew an application for writ of restitution and for additional rent owed since entry of the prior judgment if Commerce does not issue payment to the landlord within 30 days from the date of the landlords application to the Landlord Mitigation Program. 
• Court Impact - 
  • A tenant's request for relief from forfeiture at the time of the show cause hearing, must be heard at that time or as soon as possible to avoid unnecessary delay or hardship.
  • Landlord Mitigation Program reimbursement payments must be deposited into the court registry by the tenant. 
  • A tenant or other party may seek an ex parte order in the unlawful detainer action directing the clerk to disburse the program reimbursement funds to Commerce. 
    • The court case number must be included with the payments issued to Commerce. 
    • If ordered by the court, the clerk must issue payments made by a tenant to Commerce without further court order.  
  • A landlord must file a satisfaction of judgment with the court when the court-ordered judgment is paid in full, whether payment is made directly by the tenant, through reimbursement from the Landlord Mitigation Program, or other person or entity on the tenant's behalf. 

• Effective: July 28, 2019

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2SSB 5604 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

• Bill # 5604
• Summary - Existing state guardianship laws and laws pertaining to non-parental actions for child custody are repealed and replaced with a uniform act that covers guardianships, conservatorships, and protective arrangements for minors and adults.
• Court Awareness - The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act is effective on January 1, 2021. Implementation of this act is pending due to its extensive changes. Information about application changes and the implementation plan will be released as it becomes available.
• Effective: January 1, 2021

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SB 5895 - Guardian ad Litem Fingerprint Checks

• Bill # 5895 
• Summary - Fingerprint based background checks for guardian's ad litem appointed in dependency and termination cases must be updated every three years.
• Court Awareness - This bill is of interest to court administration and guardian ad litem registry program managers.
• Effective: July 28, 2019

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SSB 5955 - Dept. of Children, Youth, and Families (DCYF)

• Bill # 5955 
• Summary - Clarifying and technical changes related to DCYF are included in the bill. 
• Court Awareness - The bill delineates service requirements in cases where guardianship is requested in a dependency.  It requires petitioners to provide notice to DCYF when the parentage of a dependent or alleged dependent child is being adjudicated.
• Court Impact - The pattern forms may have minor changes and will be updated and available on the Court Forms web site by the effective date.  Pattern forms may have minor changes that implement the technical changes in the bill. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
• Effective: July 28, 2919

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RN id: 2512