Which laws passed during the 2020 Washington State Legislative session impact the Superior Courts and Juvenile Department, and what are those impacts?


A number of bills passed during the 2020 legislative session impact the Superior Courts and 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 Top" link at the bottom of any bill section to return to the top of this answer.


TABLE OF CONTENTS


2SHB 1191 - Concerning School Notifications

  • Bill #1191
  • Summary - This bill updates the court notification to school districts in certain circumstances regarding potential enrollees who have been convicted of a violent offense, sex offense, firearm or dangerous weapon violation, or controlled substance violation.  Specifically, applies to individuals under age 21, who have not yet obtained a high school diploma or equivalent and have been adjudicated in juvenile court or convicted in adult criminal court, and requires courts provide written notification of the adjudication or conviction to the school the individual was enrolled in prior to conviction or adjudication, or the school where the individual has expressed intent to enroll.
  • Court Impact - 
    • JCS will provide an updated School Report for the juvenile departments with a process to complete the school notification required under this bill.  
  • Effective - 6/11/2020

Return to Top


3SHB 1504 - Concerning Impaired Driving

  • Bill #1504
  • Summary - This bill makes many changes to the current DUI legislation, including allowing the court discretion to waive imposition of mandatory minimum sentence and impose alternative penalties for first-time impaired driving offenses, modifies alternative penalties available on second or third offenses if there is a risk to the offender's physical or mental well-being, allows courts to impose emergency response recoupment costs for an incident caused by a physical control while under the influence offense, and modifies the penalties for impaired driving cases involving minor passengers.
  • Court Awareness - Physical Control convictions can now have Emergency Response fees imposed, similar to the DUI violations.  Use the existing DUI Emergency Response fee A/R Type Codes to track the fees on Physical Control convictions.  This portion of the bill is effective June 11, 2020.
  • Court Impact - When Emergency Response Fees are imposed on Physical Control violations, there are two options for adding them to a case, the same way they can be added for current DUI convictions:
    • For courts with one jurisdiction only, utilize the appropriate DUI Emergency Response - Aid (DEA), DUI Emergency Response - Fire (DEF) or DUI Emergency Response (DER) A/R Type Codes and money receipted will be remitted directly to the city or county to go towards the law enforcement, fire, or aid department for cost recoupment.
    • For courts with multiple jurisdictions the remittance process may not get the money to the appropriate department, depending on how the jurisdiction/court connections are established in the case management application, so the alternative process is to set up the law enforcement agency, fire department, or aid department as a restitution recipient.
  •  Court Action -  
    • Effective January 1, 2022, the court must immediately notify the Department of Licensing (DOL) of any Ignition Interlock License Restriction violation convictions, including those for tampering with the Ignition Interlock Device components. 
    • This answer will be updated with information about changes to pattern forms, if applicable.
  • Effective - Physical Control Emergency Response fees - 6/11/2020; Immediate notification of IIL convictions to DOL - 1/1/2022.

Return to Top

ESHB 1551 - Modernize the Control of Certain Communicable Diseases

  • Bill #1551
  • Summary - This bill amends and repeals various statutes relating to communicable diseases. It authorizes a state or local health officer to conduct an investigation when there is reason to believe a person has a sexually transmitted disease and is endangering the public health, requires the health officer to first attempt to obtain the person's voluntary cooperation before issuing a health order, and allows the health officer to petition the superior court for enforcement of a health order.  The bill creates a gross misdemeanor for violation of a health order, having intercourse knowingly infected with HIV, or knowing misrepresentation of infection status. It also creates a new element assault in the first degree when transmission of HIV occurs to a child or vulnerable adult.   
  • Court Awareness- The statewide law table has been updated to add the new misdemeanors as well as the changes to the existing felonies for this bill. The list of law table changes can be found attached to the bottom of this answer.
  • Court Impact - Impacts to pattern forms have been identified. Any pattern form updates will be 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.
  • Effective - 6/11/2020 

Return to Top

E3SHB 1775 - Concerning Commercially Sexually Exploited Children

  • Bill # 1775
  • Summary - This bill creates the Safe Harbor Act.  Limits crime of prostitution to those 18 years of age and older effective January 1, 2024.  Requires the Department of Children, Youth, and Families (DCYF) to administer funding for two receiving center programs for commercially sexually exploited youth ages 12-17:  one to be located on the east side of the Cascades and one on the west side.  Identifies juvenile courts as one of the entities or individuals who may refer youth to one of two receiving centers. Requires law enforcement to take a juvenile into protective custody if the officer reasonably believes the juvenile is being sexually exploited, and transport, or arrange transportation, to one of the two regional receiving centers, a HOPE center, a crisis residential service provider, or other community-based entities for youth in crisis. 
  • Court Awareness- Effective January 1, 2024, RCW 9A.88.030, (Prostitution) requires a defendant be 18 or older at the time they commit the violation.  Local ordinances prohibiting prostitution loitering will remain valid for any age.  RCW 13.40.070 and 13.40.213 are amended to remove diversion of prostitution offenses for juveniles. Diversion is retained for prostitution loitering. The list of law table changes can be found attached to the bottom of this answer.
  • Court Impact - There may be changes to JCS prior to 1/1/2024.   
  • Effective - Sections 4, 5, and 6 1/1/2024, all others 6/11/2020

Return to Top

2SHB 2066 - Addressing Restrictions on Driver's Licenses Associated with Certain Criminal Offenses

  • Bill #2066
  • Summary - This bill narrows driver's license suspension upon conviction of a felony in which a motor vehicle was used to require the Department of Licensing (DOL) to revoke the driver license of a person convicted of a felony where the sentencing court determines that, during the commission of the offense, a motor vehicle was used in a manner that endangered persons or property.
  • Court Awareness - The Department of Licensing (DOL) advised the AOC that their DIAS web form used by the county clerks to report motor vehicle-related felony convictions is nearing the end of its contract.  Until the DOL advises of an alternate reporting process, please continue to use the existing process.   
  • Court Impact - Any pattern form updates will be 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. 
  • Effective - 1/1/2022

Return to Top


ESHB 2231 - Concerning Bail Jumping

  • Bill # 2231
  • Summary - This bill amends RCW 9A.76.170 concerning bail jumping.  It creates a new crime for failure to appear before the court or surrender, punishable by a misdemeanor or gross misdemeanor depending upon the classification of the underlying offense and creates an affirmative defense to prosecution for bail jumping and failure to appear when uncontrollable circumstances prevent the defendant from appearing or surrendering, the defendant did not negligently disregard the requirement to appear or surrender, and the defendant appeared or surrendered as soon as possible. 
  • Court Awareness- There will be a new Misdemeanor and Gross Misdemeanor added to the statewide law table for this bill. The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 6/11/2020

Return to Top

SHB 2246 - Concerning the Reorganization of Laws Related to Environmental Health

  • Bill #2246
  • Summary - This bill recodifies statutes and makes technical amendments regarding environmental and public health laws, adds a new title (Title 70A) to the Revised Washington Code (RCW), and repeals RCW Ch. 70.105E.
  • Court Awareness - Multiple laws are going to be recodified due to the changes made in this bill.  Changes to the statewide law table will be made once the recodification has been completed by the Code Revisers office.
  • Effective -Section 1035 6/30/2021; sections 1446-1450 7/1/2020; all others 6/11/2020

Return to Top

2SHB 2277 - Concerning Youth Solitary Confinement

  • Bill #2277
  • Summary - This bill adds new chapter to RCW Title 13 prohibiting the use of juvenile solitary confinement and limiting the use of room confinement and isolation in juvenile detention facilities and correctional institutions to no more than four hours at a time in any 24-hour period, with delineated exceptions.  
  • Court Awareness- 
    • Requires facilities to document use of confinement and isolation, and ensure availability of certain services, evaluations and amenities.  Requires counties operating detention facilities to provide monthly data to the Department of Children, Youth and Families (DCYF) regarding use of isolation, until November 2022, and then yearly thereafter.  Directs DCYF to generate model policies for juvenile isolation and room confinement, which detention facilities and correctional institutions must adopt or explain their choice not to adopt.  
    • Prohibits a court from permitting juveniles under adult criminal court jurisdiction to be held longer than 24 hours in an adult jail or detention facility unless in the interest of justice.  Specifies that if a court deems in the interest of justice for a juvenile under adult criminal court jurisdiction to be held longer than 24 hours in an adult jail or detention facility, then the court must not allow sight and sound contact with adult inmates unless certain criteria are met.  
  • Court Impact - 
    • This answer will be updated when changes are made to JCS.  Sign up below to be notified when updates are made.   
    • The pattern form 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 Action - Requires courts to conduct review hearings every 30 days to reevaluate youths continued confinement in adult jail or facility and decision not to impose sight and sound separation from adult inmate population when present.  Entitles youth to counsel for purposes of review hearings and requires the court to appoint counsel in cases of indigence. 
  • Effective - 6/11/2020

Return to Top

SHB 2302 - Concerning Child Support

  • Bill #2302
  • Summary - This bill clarifies standards for determination of income imputation for child support purposes and provides for abatement of child support obligations for certain individuals who are confined in prison, jail, or other correctional facility for at least six months.  
  • Court Awareness- 
    • Income imputation standards are clarified for determining whether a parent is voluntarily unemployed or underemployed.  Amends factors a court must consider when making determination that a parent is voluntarily unemployed or underemployed.  Creates rebuttable presumption that income be imputed at 32 hours per week in certain circumstances.  Defines full-time employment as not necessarily equating to 40 hours per week, dependent upon circumstances surrounding employment. 
    • Creates procedures for abatement of child support obligations for certain individuals who are confined in prison, jail, or other correctional facility for at least six months.  Creates rebuttable presumption that incarcerated obligors are unable to pay child support.  Requires the Division of Child Support (DCS) to review orders containing automatic abatement provisions upon receiving information a parent is incarcerated.  Authorizes a party to request review of an order that does not have an automatic abatement provision.   Upon judicial or administrative determination that abatement is appropriate, the child support obligation will be reduced to $10 per month for the duration of incarceration and for the three months following release.  Specifies that at the conclusion of three months, the child support amount is amended to 50 percent of original order amount for up to one year post release.  Allows any party or the DCS to file a request to modify or terminate the abatement at any time. 
  • Court Impact - 
    • The pattern form 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.
  • Effective - Sections 3-13 (support abatement and certain notices) 2/1/2021; all others 6/11/2020.

Return to Top

ESHB 2318 - Advancing Criminal Investigation Practices

  • Bill #2318
  • Summary - This bill modifies procedures for collecting required DNA samples from convicted offenders who will not immediately be taken into custody. Extends current requirements pertaining to sexual assault kit (SAK) preservation, testing, and tracking to all evidence collected during sexual assault medical forensic examinations, with some exceptions.  Defines sexual assault kit, reported sexual assault kit, and unreported sexual assault kit.  Establishes requirements for law enforcement agencies to store and preserve unreported SAKs.  Allows local governments to designate alternate departments to accept found property in order to prioritize storage space at law enforcement agencies for specific found items and evidence in criminal investigations.  
  • Court Awareness - if local law enforcement has a protocol for collecting a biological sample in the courtroom, DNA samples from convicted offenders who will not immediately be taken into custody must be taken before the individual leaves the courtroom for certain offenders. 
  • Court Impact - 
    • The pattern form 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.
  • Effective - Section 3 1/1/2021 (Ch. 5.70 RCW-sexual assault kit storage and preservation); all others 6/11/2020

Return to Top

SHB 2473 - Concerning Domestic Violence

  • Bill #2473
  • Summary - This bill adds the term intimate partner to various statutes concerning domestic violence.  Elevates assault in the fourth degree to a class C felony where domestic violence (and domestic violence against an intimate partner) is pled and proven and the person has at least two prior adult convictions within ten years for repetitive domestic violence, harassment, assault in the third degree, assault in the second degree, or assault in the first degree.  Allows comparable offenses from municipal and foreign jurisdictions to be used to determine if assault in the fourth degree should be charged as a felony. 
  • Court Awareness - ""Intimate partner"" term is added to the list of domestic violence offenses in RCW 9.41.040 that prohibits firearm possession. 
  • Court Impact - 
  • Effective - Immediately

Return to Top

SHB 2476 - Concerning Debt Buyers

  • Bill #2476
  • Summary - This bill permits debt buyers to bring a legal action against a debtor if : (1) attached to the complaint is a copy of contract or writing with debtors signature; provides guidance for credit card and electronic transactions without signed writings, (2) prior to requesting a default judgment, there is evidence of court rules compliance, and (3) complaint includes a disclosure that states: (a) action brought by collection agency, (b) date claim or obligation was purchased, (c) identity of debt collector, (d) plaintiff may have purchased obligation for less than value stated in complaint, (e) obligation or claim was sold without representation or warranty of accuracy, and (f) action is not barred by statute of limitations. 
  • Court Awareness - No new codes are being created for the implementation of this bill.    
  • Effective - 6/11/2020

Return to Top

SHB 2527 - Concerning the Rights of Washingtonians during the United States Census

  • Bill #2527
  • Summary - This bill creates the Washington Census Bill of Rights and Responsibilities to ensure that all Washingtonians (native English speakers and non-English speakers) know their right and obligation to participate in the federal decennial census freely and without fear of intimidation, fraud, or harm.    
  • Court Awareness- The law table has been updated to add the new gross misdemeanor created under Ch. 9A.60 RCW for impersonating a census taker. 
  •  Court Impact - A person injured by a Consumer Protection Act (CPA) violation of unfair or deceptive acts or practices may file for injunctive relief and recovery of actual damages and reasonable attorney fees.  Unfair or deceptive acts or practices include (1) mailed materials sent to deceive a person into believing the material is an official census communication, (2) interfering with census operations, or (3) discouraging a person from participating in the census. The Attorney General may also bring a CPA action in the name of the state or on behalf of Washington residents to prevent or restrain violations and request relief for persons injured by a CPA violation.
  • Effective - 3/18/2020

Return to Top

SHB 2567 - Concerning Open Courts

  • Bill #2567
  • Summary - This bill creates the Courts Open To All Act.  The act prohibits judges, court staff, security personnel, prosecutors and their staff from requesting litigant information related to immigration or citizenship status, sharing non-publicly available information with immigration authorities, or alerting immigration authorities of a litigants court dates or intent to utilize court services unless required by federal law or court order. Judicial officers may make inquiries as necessary to adjudicate cases and may enter orders or impose conditions to limit disclosure of information regarding immigration and citizenship status as deemed appropriate.  It requires the entity tasked with court facility security at each location to collect information regarding all law enforcement officers, including plain clothed officers, entering court facilities unless present to participate in a case or proceeding before the court. Additionally it prohibits civil arrest of individuals going to, attending, or returning from a court facility unless pursuant to a court order, necessary for the safety of judicial officers, staff and the public, or when the criteria for warrantless arrests is met and requires a designated judicial officer at each court facility to review any court order proffered prior to allowing a civil arrest in or at a court facility.
  • Court Awareness-
    • The entity responsible for security of the court building must record the details related to attempts to serve a civil arrest warrant on someone at or in the courthouse; information submitted must not include personal identifying information concerning the individuals who were the target of the law enforcement action. A standard form for information collection will be created by the Administrative Office of the Courts.
    • SHB 2567 is referenced extensively in the model courthouse policy developed by the Attorney General's Office for E2SSB 5497 from the 2019 legislative session.  For more information see eService Answer ID: 2019 legislative changes impacting Superior Courts and Juvenile Departments.
  • Court Impact- Completed forms must be immediately transmitted to the appropriate court staff.  Designated court staff must also be notified without delay if a law enforcement agent covered by this section is present in the court facility with the intent of conducting a civil arrest.
    • Completed forms must be transmitted to the Administrative Office of the Courts (AOC) on a monthly basis.  Forms can be submitted via email.  A dedicated email address will be developed prior to the first reporting period.
    • The AOC will compile the completed forms and will publish them quarterly beginning October 2020. 
  • Effective - 6/11/2020

Return to Top

SHB 2622 - Concerning Procedures for Ensuring Compliance with Court Orders Requiring Surrender of Firearms, Weapons, and Concealed Pistol Licenses

  • Bill # 2622
  • Summary - This bill allows the court to hold a compliance review hearing and initiate contempt proceedings if there is probable cause to believe a respondent failed to comply with an order to surrender weapons pursuant to a criminal case or extreme risk protection order. It requires law enforcement to file an affidavit with the court if there is reasonable suspicion that the respondent is not compliant with the order to surrender weapons. 
  • Court Awareness - Surrender Weapons Orders must be personally served if the order is entered in open court and the defendant or respondent are present.  It requires that receipt and service must be acknowledged by the defendant or respondent, and allows an agent of the court to indicate on the record that service was refused if the defendant or respondent will not accept service and requires service and receipt of service to be entered into the record and a copy of the order and service must be transmitted immediately to law enforcement.   
  • Court Impact - For both Criminal and Civil Cases:
    • Two new Event/Docket Codes will be added to Odyssey and SCOMIS.
      • ORCROSC - Order Not in Compliance Set Contempt Show Cause Hearing
      • ORCNW - Order on Contempt Not in Compliance Weapon Surrender
    • 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.
  • Effective - 6/11/2020

Return to Top

SHB 2632 - Concerning False Reporting of a Crime or Emergency

  • Bill #2632
  • Summary - This bill separates the crime of false reporting into first, second, and third degree crimes. Specifies that false reporting is committed where the report was made, received, or the place of the evacuation. Gives prosecutors discretion to prosecute or divert a juveniles first offense. Allows victims to bring a civil action for damages and other appropriate relief from the person who committed false reporting or any person who knowingly benefits in a venture that the person knew or should have known would have violated this act.
  • Court Awareness - Creates one new Gross Misdemeanor, one Class C Felony, and one Class B Felony. 
  • Effective - 6/11/2020

Return to Top

ESHB 2638 - Authorizing Sports Wagering Subject to the Terms of Tribal-State Gaming Compacts

  • Bill # 2638
  • Summary - This bill authorizes sports wagering at a tribal-state gaming facility through tribal-state gaming compacts. 
  • Court Awareness- The law table has been updated to add new crimes created in Ch. 9.46 RCW for illegal wagering, undue influence, and cheating in sporting events.
  • Effective - Immediately

Return to Top

SHB 2794 - Concerning Juvenile Record Sealing

  • Bill #2794
  • Summary - Amends processes and criteria for juvenile record sealing and requests, which applies to juvenile sealing hearings held after the effective date of the bill, regardless of the date the hearing was scheduled, or the juvenile record was filed. DCYF and superintendent of public instruction are directed to develop policies and procedures to prevent references to credits received while confined in a detention facility on a student's transcript (effective 6/11/2020).  
  • Court Impact - Applicable 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 Action - Specific details and additional information are set out in eService Answer 2020 Legislation SHB 2794 Juvenile Sealing - 2020 Legislation SHB 2794 Juvenile Sealing.
  • Effective - Sections 1, 2, and 4 1/1/202, all others 6/11/2020.

Return to Top

2SSB 5149 - Monitoring of Domestic Violence Perpetrators

  • Bill #5149
  • Summary - This bill enacts the Tiffany Hill act, which pertains to electronic monitoring with victim notification technology.  It amends the definition of electronic monitoring to include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location. The bill does not change when or whether electronic monitoring can be ordered.
  • Court Awareness- AOC is also required to develop a list of vendors or enter into a contract with a vendor that provides electronic monitoring with victim notification technology, and provide outreach to counties as to how courts may access the vendor or vendors.  An informational handout will be developed regarding electronic monitoring with victim notification technology.
    • A new informational pamphlet has been made available to provide information about Electronic Monitoring with Victim Notifications to victims seeking protection orders.  The new DV Pamphlet has been posted to the Resources, Publications and Reports web page, on the Washington Courts web site, under the Publications section of the page..  A copy has also been attached to the bottom of this answer. An additional brochure with vendors and their contact information has been developed and published to Inside Courts under Court Resources on the Court Management page.  A copy has also been attached to the bottom of this answer.
  • Effective - 6/11/2020

Return to Top

E2SSB 5291 - Creating Alternatives to Total Confinement for Certain Qualifying Persons with Minor Children 

  • Bill #5291
  • Summary - This bill expands eligibility criteria for Parenting Sentencing Alternative (PSA) for parties with minor children. Makes the sentencing alternative available to those previously the subject of a deportation order.  Expands criteria to include expectant parents and others including adoptive parents, custodians, and stepparents where there is substantial, ongoing, established, proven relationship with child at the time of offense.  Exempts consideration of juvenile adjudications when determining eligibility unless offense was a sex offense, violent offense, or felony with firearm or deadly weapon.  The existence of a prior substantiated referral of child abuse or neglect, or an open child welfare case are not automatic disqualifiers for participation in a PSA.
  • Court Impact - New Event/Docket codes are not required at this time. 
  •  Court Action - Requires the court to advise an individual of the right to counsel, and appoint counsel in cases of indigency, should an individual be required to report back at any time following initial sentencing under this alternative.  Authorizes increase of community custody as a sanction, but not longer than six months. 
  •  Effective - 6/11/2020

Return to Top

ESSB 5434 - Restricting Possession of Weapons in Certain Locations

  • Bill #5434
  • Summary - This bill creates a new gross misdemeanor for carrying a weapon on child care center premises or child care center-provided transportation.
  • Court Awareness- One new Gross Misdemeanor, one Class C Felony, and one Class B Felony will be added to the law table.
  • Court Impact - 
    • Applicable 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 Action - Upon conviction the court shall order the person to immediately surrender any concealed pistol license, and shall notify DOL in writing within three business days of the required 3-year revocation period. 
  • Effective - 6/11/2020

Return to Top

SSB 5640 - Concerning Youth Courts

  • Bill #5640
  • Summary - This bill expands the definition of ""Youth Courts"" to include hearing and disposing of transit infractions and civil infractions for juveniles aged sixteen or seventeen and extends youth court jurisdiction to civil infractions which are subject to the same provisions as other youth court referrals.  It also permits youth court referrals for a juvenile that have a prior traffic or transit infraction referred to a youth court, and allows youth courts to accept referrals from a Juvenile Court Diversion Unit for juveniles age twelve to fifteen years of age.
  • Court Awareness- 
    • Juvenile Diversion Units may refer juveniles to the District and Municipal Court's Youth Court on traffic, transit, and civil infractions not filed directly into the court.  
    • The Juvenile Diversion Agreement is to be the only written record of the referral to the youth court and is subject to confidentiality provisions.
    •  No Cause Number may be assigned to the case and the case cannot be part of the public record.  
    • There is a limit of 30 hours that the juvenile may participate in Youth Court activities.
    •  The Juvenile Diversion Unit will still maintain supervision of their referred offenders.
  • Court Impact - 
    • JCS will be updated to include new coding for the provisions of this bill.  
  •  Court Action -  
    • Courts with Youth Courts must come up with a manual process for accepting and tracking the Juvenile matters referred for Youth Court for juveniles referred from Juvenile Diversion Units.
    • Failure to comply with Youth Court must be reported back to the Juvenile Diversion Unit to address.
    • The court must notify the Juvenile Diversion Unit when the Youth Court is successfully completed.
  • Effective - 6/11/2020

Return to Top

2E2SSB 5720 - Concerning the Involuntary Treatment Act

  • Bill #5720
  • Summary - This bill amends several provisions under Ch. 71.05 RCW (Mental Illness) and Ch. 71.34 RCW (Behavioral Health Services for Minors). References to mental disorders and substance use disorders are changed to behavioral health disorders. 
  • Court Awareness- 
    • The initial detention period increases from 72 hours to 120 hours, not counting weekends and holidays, beginning January 1, 2021. 
    • The definitions of ""likelihood of serious harm"" and ""gravely disabled"" will be modified when the Health Care Authority (HCA) notifies the Office of the Code Reviser, Senate, and House of Representatives of: (1) monthly reported single-bed certifications have fallen below 200 reports for three consecutive months, or (2) the average wait time for children's long-term inpatient placement admission is 30 days or less for two consecutive quarters. 
    • Interpreters in ITA hearings may appear by video, unless the court requires all parties and witnesses to appear in person.  
      The DCR has the responsibility to notify law enforcement of a person's 6-month suspension of firearm rights under the ITA in the county or municipality where the person lives. 
    • ""Written order of apprehension"" is defined as an order of the court for a peace officer to deliver the person named in the order to a facility or emergency room as determined by the DCR.  These orders shall be entered into the Washington Crime Information Center database. 
    • Provisions related to less restrictive alternatives (LRAs) are modified, including:  the authority of a treatment provider or designee to administer outpatient involuntary medication to a person on an LRA; the entities that may request modification or revocation of the LRA; involuntary treatment periods following revocation of an LRA; the inpatient periods associated with LRAs; and factors the court may consider when determining whether an LRA for a minor should be ordered.  
    • Requirements for hearing continuances change, including allowing continuances for good cause or as required in the proper administration of justice, and removing time limitations in ITA hearings.  
    • The Washington Supreme Court is requested to adopt rules regarding access to certain court records and files by certain state agencies and persons.  
    • Adds numerous provisions from the adult ITA to the minor ITA.  Allows a family member, guardian, or conservator to use Joels Law procedures to appeal a DCRs decision not to detain a minor 13 years of age or older. 
  • Court Impact - 
    • New codes may be required based on updates to pattern forms.  Sign up to receive notification if this answer changes to include new codes.     
    • The pattern form 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 Action -  
    • The court must issue an order of dismissal when a person subject to a petition is not detained or committed for involuntary behavioral health treatment. 
  • Effective - 6/11/2020; except Sec. 4, 28, 64, and 81 are contingent;

    Effective - 1/1/2021; Sec. 13, 16, 19-23, 26, 32, 34, 36, 39, 55, 59, 76, 83, 86, 89, 92

    Effective - 7/1/2026: Sec. 14, 17, 27, 40, 46, 56, 79, 84, 87, 93, 95, and 98

    NOTE:  Sec. 12, 15, 25, 31, 33, 35, 38, 54, 75, 82, 85, 88, and 91 expire on 1/1/2021; Sec. 13, 16, 39, 45, 55, 78, 83, 86, 92, 94, and 97 expire on 7/1/2026. 

Return to Top

SSB 5867 - Resentencing of Persons Convicted of Drug Offenses

  • Bill #5867
  • Summary - This bill entitles an individual sentenced for violation of Ch. 69.50 (Uniform Controlled Substance Act) or Ch. 69.52 (Imitation Controlled Substances) that was committed prior to July 1, 2004, and who is serving a term of incarceration for that offense, to a resentencing hearing.  It requires a prosecuting attorney to review sentencing documents, and if the statutory criteria are met, file a motion for relief from sentence with the original sentencing court.  The offender is also authorized to make such a motion.  The bill requires the court to provide resentencing hearings for any drug offender whose qualifying offense was committed prior to July 1, 2004, and who remains incarcerated as a result of sentencing related to that offense.
  • Court Awareness - Resentencing relief is not available for offenders convicted of most serious or violent offenses.  A prosecutor is required to review sentencing documents and make motion for relief in all qualifying cases if the offender does not.
  •  Court Action - The court shall hold expedited hearings and resentence offenders as if they had not previously been sentenced.  Resentencing may not result in a greater term of confinement.   
  • Effective - 6/11/2020

Return to Top

SSB 6029 - Concerning the Uniform Directed Trust Act

  • Bill #6029
  • Summary - This bill repeals the Washington Directed Trust Act of 2015 and replaces it with the Uniform Directed Trust Act, under which a power over a trust held by a non-trustee is called a power of direction.  Identifies the holder of a power of direction as a trust director, who has the same fiduciary responsibilities as a trustee with respect to the directed powers.  Exempts trustees from liability for the directed powers, except willful misconduct by the trustee.  
  • Court Awareness - The bill allows a directed trustee to petition the superior court for ""instructions"" when there is reasonable doubt as to its duty under this act.
  • Effective - 1/1/2021


Return to Top

SB 6164 - Concerning Prosecutorial Discretion to Seek Resentencing

  • Bill #6164
  • Summary - This bill gives county prosecutors the discretion to petition the court for resentencing of felony offenses if the original sentence no longer advances the interests of justice.  Requires the prosecutor to make reasonable efforts to notify victims and survivors of victims of a petition for resentencing and the date of the resentencing.
  • Court Awareness - The trial court has the discretion to grant or deny the petition for resentencing.  The bill allows the trial court to resentence the offender if the new sentence would be less than the original sentence, and allows the court to consider post-conviction sentencing factors when resentencing a defendant.  The defendants conviction cannot be reopened to challenges that would otherwise be barred. 
  • Effective - 6/11/2020

Return to Top

SB 6170 - Concerning Plumbing

  • Bill # 6170
  • Summary - This bill creates a residential service certificate and related program for regulation of plumbing contractors.  Prescribes that violation of certain regulations by plumbing contractors are an infraction.  Allows infractions to be heard by an administrative law judge (ALJ).
  • Court Awareness - ALJ decisions may be appealed to superior court.  In addition, the bill permits any entity with a claim against a contractor and the contractors bond to file suit in superior court.
  • Effective - Sections 21, 22, and 28 1/1/2021, Section 26 7/1/2023; all others 6/11/2020

Return to Top

ESB 6180 - Concerning Juvenile Sex Offense Registration Waivers Under the Special Sexual Offender Disposition Alternative

  • Bill #6180
  • Summary - This bill creates Special Sex Offender Disposition Alternative (SSODA) participation eligibility for juvenile offenders convicted of assault in the fourth degree with sexual motivation with no history of prior sex offenses. It expands the pool of individuals able to provide SSODA examinations and sex offender treatment to other qualified professionals utilizing evidence-based treatment modalities.
  • Court Awareness - The court is to order an individuals removal from the central sex offender registry upon completion of the supervision term unless a finding is made that the juvenile is not sufficiently rehabilitated. Factors the court may consider, include, but are not limited to, compliance with supervision and treatment requirements, input from victim and others, nature of the offense, as well as any factors the court determines relevant.
  • Court Impact - 
  • 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.
  • Effective - 6/11/2020

Return to Top


2SSB 6211 - Concerning Drug Offender Sentencing

  • Bill #6211
  • Summary - This bill amends the drug offender sentencing alternative (DOSA) to expand eligibility and makes other changes. References of drug addiction are changed to substance use disorder.
  • Court Awareness - The bill allows offenders with a conviction for robbery in the second degree that did not involve a firearm and was not reduced from robbery in the first degree to apply for a DOSA. The requisite standard range midpoint for residential DOSA is raised from 24 months to 26 months.  An offender may receive credit for time served in total or partial confinement if the DOSA sentence is revoked and 50 percent credit for time previously served on community custody.  Changes allow residential DOSA sentences to include an indeterminate term of confinement of no more than 30 days to facilitate direct transfer to a residential substance use disorder treatment facility.  Limits the prison based DOSA to when the offender has a high end of the standard range that is greater than one year.
  • Court Impact - 
    • 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.
  • Effective - 1/1/2021

Return to Top

SSB 6259 - Improving the Indian Behavioral Health System

  • Bill #6259
  • Summary-
    • Grants exclusive jurisdiction to tribes over involuntary commitment related to American Indian or Alaska Native persons within the boundaries of the tribe, unless the tribe has consented to the states concurrent jurisdiction, or the tribe has expressly declined to exercise its exclusive jurisdiction.  
    • Requires recognition and enforcement of tribal court orders in accordance with Superior Court Civil Rule (CR) 82.5.  
    • The definition of designated crisis responder is amended to mean mental health professional appointed by the county, by an entity appointed by the county, or by the authority in consultation with a federally recognized Indian tribe, or after meeting and conferring with an Indian health care provider. 
    • Requires the designated crisis responder to notify the tribe or Indian health care provider whether or not a petition for initial detention or involuntary outpatient treatment will be filed in an investigation or evaluation of an individual under RCW 71.05.150 or 71.05.153 whenever the designated crisis responder knows or has reason to know that the individual is an American Indian or Alaska Native who receives medical or behavioral health services from a tribe within this state.  Provides requirements for method and timing of notification and when release of information may be restricted under federal law. 
  • Court Awareness - The bill allows an immediate family member or guardian or conservator of the person, or federal recognized Indian tribe if the person is a member of such a tribe, to petition the superior court for the persons initial detention if a designated crisis responder decides not to detain a person for evaluation and treatment under the requirements provided under RCW 71.05.201. 
  • Court Impact - 
    • Pattern form 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.
  • Effective - 6/11/2020

Return to Top

ESS 6268 - Preventing Abusive Litigation Between Intimate Partners

  • Bill #6268
  • Summary - This bill creates the term abusive litigation, which occurs when the opposing parties are current or former intimate partners, a finding of domestic violence has been entered, and the litigation is for the purpose of harassing, intimidating, or maintaining contact with the other party.
  • Court Awareness- 
    • Assigns preponderance of the evidence as the standard of proof.
    • Requires dismissal of the litigation, imposition of costs on the abusive party, award of reasonable attorney's fees and costs of responding to the abusive litigation (including the cost of seeking the order restricting abusive litigation) to the protected party, imposition of pre-filing restrictions on the abusive party for a period not less than 48 months nor more than 72 months.  
    • Allows an abusive litigant who has pre-filing restrictions to appear before the judicial officer that imposed the pre-filing restrictions to make an application for permission to initiate a civil action.  
    • Allows the judicial officer to examine witnesses, court records, and other evidence to determine if the proposed litigation is abusive or if there are reasonable and legitimate grounds for the proposed litigation. 
    • Allows a motion for an order restricting abusive litigation to be brought under an existing case or as a standalone action. 
    • Permits the protected party to appear telephonically in future hearings when possible. 
    • Requires the AOC to create forms, instructions, and brochures.
  • Court Impact - 
    • If applicable, any new or modified pattern form 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.

            Effective - 1/1/2021

Return to Top

ESSB 6280 - Concerning the use of Facial Recognition Services

  • Bill #6280
  • Summary - This bill establishes requirements for government use of facial recognition technology.
  • Court Awareness- 
    • Any judge who relies on facial recognition technology when deciding on a warrant is required to report various facts to the Washington Supreme Court in January of each year.  A standard form will be created by AOC for courts to use to capture the data elements that judges are required to report to AOC annually, similar to the Wire Tap reports.  
    • Prohibits state and local government agencies from using facial recognition services for ongoing surveillance unless a warrant is issued, exigent circumstances exist, or a court order is obtained authorizing the use of the service for the sole purpose of identifying a missing person.  
    • Prohibits the use of facial recognition services based on a person's membership in a protected class or to create a record describing any persons exercise of constitutional rights.
    • Prohibits use of facial recognition by law enforcement as the sole basis to establish probable cause in a criminal investigation or to identify an individual based on a sketch or manually produced image.
    • Compels timely disclosure if a facial recognition service is used in a criminal case to the defendant prior to trial.
  • Court Impact - Courts must submit the completed form to AOC's Legal Services each December. 
    • Forms can be submitted via email to AOC.  A dedicated email address will be developed prior to the first reporting period.
  • Effective - 7/1/2021

Return to Top

ESSB 6300 - Concerning Animal Welfare

  • Bill #6300
  • Summary - This bill makes it a misdemeanor to (a) devocalize a dog, (b) crop or cut off any part of a dogs ear, or (c) crop or cut off any part of the dogs tail when the dog has opened its eyes or is seven years old or older, whichever is sooner, unless the person is a licensed veterinarian using accepted veterinarian protocols.  Prohibits a person guilty of animal cruelty in the 1st degree and 2nd degree from possessing any animal for a period of time. Possessing an animal is now subject to civil and criminal penalties that apply to owning, caring for, and residing with animals after conviction of animal cruelty.  Creates animal cruelty in the 1st degree when a person exposes an animal to excessive heat or cold in which the trier of fact shall consider the animals breed, age, health, medical conditions, and other physical characteristics.  Makes it a gross misdemeanor to abandon an animal, which constitutes animal cruelty in the 2nd degree, regardless of whether the abandonment causes harm to the animal.
  • Court Awareness- The statewide law table has been updated to add the new crimes.
  • Effective - 6/11/2020

Return to Top

SSB 6378 - Concerning Residential Tenant Protections

  • Bill #6378
  • Summary - This bill provides residential tenant protections in unlawful detainer matters. Gives a tenant that defaults in an unlawful detainer case a five-day grace period after the entry of the judgment to pay rent.  Prohibits a landlord from threatening a tenant with eviction for failure to pay nonpossessory charges.  Allows the landlord to collect attorney fees if the judgment for possession is entered and the tenant failed to respond to a pleading or other notice requiring a response.  Allows a landlord to refuse to accept cash for payment of rent. Requires service of the order and motion to stay a writ of restitution by personal delivery, mail, facsimile, or other means likely to give notice to the parties.
  • Effective - Sections 5 through 8 take effect immediately; all others 6/11/2020.

Return to Top

RN id: 2529"