Which laws passed during the 2023 Washington State Legislative session impact the Superior Courts, and what are those impacts? 

 

A number of bills passed during the 2023 legislative session impacting the Superior Courts 

 

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 fill 
  • Court Awareness/Court Impact/Court Action section address 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 updated item will be highlighted. 
  • Select the bill name in the table of contents below to advance directly to the details for the bill. 

 

TABLE OF CONTENTS


Legislative Law Table Updates for Superior Court are available at the bottom of this answer. 

 

HB 1002 - Hazing Penalty

  • Bill #1002
  • Summary – Reclassifies Hazing from a misdemeanor to a gross misdemeanor. In cases where substantial bodily harm occurs it will be classified as a class C felony. Adds Felony Hazing to the statutory list of crimes against persons and crimes of harassment. The Act will be known as the Sam Martinez Stop Hazing Law.
  • Court Awareness– Makes Hazing a gross misdemeanor and adds a class C felony.
  • Effective – July 23, 2023

 

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HB 1023 – Eliminating Wiretap Authorization Reporting to the AOC

  • Bill #1023
  • Summary – Repeals RCW 9.73.120, requiring judges to report to the administrator for the courts after authorizing a warrant for interception of communications and requires the Chief Justice to report on interception authorizations granted at the trial court level to the Governor and the Legislature.
  • Court Awareness – Wiretap authorization data collection and reporting is no longer required. 
  • Effective – July 23, 2023

 

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HB 1028 - Crime Victims and Witnesses

  • Bill #1028
  • Summary –Requires a biological sample to be collected from any person who is required to register as a sex offender, kidnapping offender, convicted of a felony offense, convicted of a misdemeanor or gross misdemeanor offense listed in RCW 43.43.754(1)(a)(i)-(xi). 

 

Expands the statute of limitations for certain sex offenses (defined in RCW 9.94A.030(47)). Statute of limitations runs from whichever is later of the following; the date the crime was committed or four years from the date that the identity of the suspect is conclusively established by DNA testing or photograph as defined in RCW 9.68A.011. 

 

Amends RCW 7.69.030 (Rights of victims, survivors, and witnesses) to apply to any adult or juvenile criminal proceeding and any sexually violent predator commitment hearing. If a victim, survivor of a victim, or witness of a crime is denied a right, that person may petition the court and seek an order directing compliance by the relevant party. Compliance with the right is the sole available remedy.

  • Court Awareness–Each city and county jail facility must adopt and implement a policy that collects biological samples from persons convicted of certain offenses as soon as practicable during the person’s term of confinement.  A person who willfully refuses to comply with a legal request for a DNA sample is guilty of a gross misdemeanor.
    • No law table updates required as the GM previously existed.
  • Court Impact– If the sample is not collected prior to the person’s release from confinement, the responsible city or county jail shall notify the court within three business days providing the reason for release without collection the sample.  Within 10 days of receiving notice, the sentencing court shall schedule a compliance hearing which a representative of the jail shall attend and obtain the person’s biological sample at the hearing.  The court may require the jail to pay attorneys’ fees and court costs associated with the scheduling and attending the compliance hearing.  
    • For a person convicted who will not serve a term of confinement, the court shall order the person to be administratively booked for the sole purpose of providing the biological sample.  
    • The court shall create and implement a biological sample collection protocol and order the biological sample at time of sentencing.   The court shall inform the person that refusal to provide the sample is a gross misdemeanor.
  • Effective – July 23, 2023; except section 4 (July 1, 2024)

 

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ESHB 1048 – Enhancing Washington’s Voting Rights Act

  • Bill #1048
  • Summary – Amends Washington’s Voting Rights Act to bar political subdivisions from imposing polarizing/vote diluting election methods; expands class of protected voters who may challenge; clarifies factors for courts to consider and findings to be made in assessing violations and fashioning remedies; and provides for reimbursement of challengers’ expenses in certain circumstances.
  • Court Awareness – The law includes remedies for violations and cost recovery. 
  • Effective – July 23, 2023

 

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ESHB 1051 – Restricting Robocalls/Commercial Telephone Solicitation

  • Bill #1051
  • Summary – Expands restrictions on robocalls and commercial telephone solicitation, increases liability of violators and those who assist them, and bars such calls to numbers on the do not call registry.  Deems these violations an unfair business practice under Consumer Protection Act, provides for imposition of fines and Attorney General enforcement actions, and retains a private cause of action for those aggrieved by repeated violations.
  • Court Impact –A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.  
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • Effective – July 23, 2023

 

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SHB 1074 – Landlord Damage Claims 

  • Bill #1074
  • Summary – Expands requirements for landlord claims for damage to residential rental premises; bars withholding deposit for ordinary wear; prohibits collecting damage deposit unless a written condition checklist was provided at outset of lease; extends period within which landlord must provide accounting, but requires it be accompanied by documentation substantiating any claimed damage; prohibits retention of deposit or charging for alleged damage unless timely accounting with required documentation is provided to tenant; unsubstantiated damage and damage for wear from ordinary use cannot be submitted to collections or reported to tenant screening services, prospective landlords, or consumer reporting agencies; and establishes a three-year limitation period on landlord damage claims in excess of damage deposit.
  • Court Awareness – Any lawsuit by the landlord to recover sums exceeding the amount of the damage deposit must be commenced within three years of the termination of the rental agreement or the tenant's abandonment of the premises.
  • Effective – July 23, 2023

 

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SHB 1088 – Uniform Family Law Arbitration Act

  • Bill #1088
  • Summary – Governs arbitration agreements used to resolve family law and child-related disputes. A party may initiate arbitration by providing notice to the other party. Parties may also file a motion to compel or end the arbitration. Arbitrators must be an attorney with at least five years of family law experience, or a former judicial officer, and are required to disclose to the parties any fact that may affect their impartiality or ability to make a timely award. Arbitrators are allowed to set the rules for the arbitration, conduct hearings, compel discovery, impose procedures to protect parties or children from harm, and appoint representatives such as attorneys. In family law arbitrations, parties may participate via an attorney, or may be accompanied by an advocate. Before and during the course of the arbitration, parties may seek temporary or immediate orders with the court. To finalize an arbitration agreement, the parties must motion the court to confirm the award. The court will then enter a judgment and enforce it.
  • Court Impact – This answer will be updated with information about implementation of new codes.  The act is related to private arbitration, not a court-provided service.  The act does not require judicial officers to appoint arbitrators.
  • Effective – January 1, 2024

 

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E2SHB 1143 - Purchase/Transfer Firearms

  • Bill #1143
  • Summary – A firearms dealer may not transfer to a purchaser/transferee a firearm until a valid concealed pistol license is produced, or a background check indicating eligibility to possess a firearm is completed and 10 business days has elapsed since the dealer requested the background check. Prohibits firearms dealers from transferring a firearm until the purchaser/transferee provides proof of completion of a recognized firearms safety program within the last five years; recognizes firearms safety training requirements as well as those individuals who are exempt from the training.

 

Amends notices and procedures for revocation of a concealed pistol license due to conviction of an offense that makes a person ineligible to possess a firearm to allow Washington State Patrol (WSP) Firearms Background Check Program to receive the court records outlined in those sections. Adds the WSP Criminal Records Division to RCW 9.41.047(3)(f) to be notified within three days of a person’s restoration of the right to possess a firearm.

  • Court Impact– Courts shall, within three judicial days of a conviction, entry of a commitment order, or dismissal of charges due to incompetency, send a copy of the person’s identification or comparable information with the date of the conviction, commitment, or dismissal to DOL and to the WSP Firearms Background check program.
  • Effective – January 1, 2024

 

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E2SHB 1155 – Consumer Health Data

  • Bill #1155
  • Summary – Creates My Health My Data Act (MHMD Act) to expand protection of consumer health data. With limited exceptions, the MHMD Act requires consumer consent and specified disclosures to collect, share, sell, or use (collectively “use”); limits use of geofences; requires covered entities to maintain and comply with certain privacy policies, refrain from using undisclosed data, or using such data for undisclosed purposes, and to restrict access to and adopt reasonable practices to safeguard said data; entitles consumers to confirmation of whether their data was collected, with whom it was shared, and to have it deleted; establishes deletion request procedure; and deems non-compliance to be Consumer Protection Act violation.
  • Court Impact –
  • A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.  
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • Effective – July 1, 2024

 

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ESHB 1169 - Legal Financial Obligations (LFO) 

  • Bill #1169
  • Summary – Prohibits courts from imposing any fine, administrative fee, cost, surcharge, or restitution against a juvenile or juvenile's parent or guardian in a juvenile offender (S8) proceeding, including costs of an evaluation or treatment of a juvenile offender ordered for purposes of certain disposition alternatives. It also eliminates the crime victim penalty assessment for juveniles and indigent adult defendants (S1) at the time of sentencing, and eliminates DNA database fees (all cases).
  • Court Awareness – The bill strikes the language that required the DNA fee to be imposed.  Defendants can motion to waive any DNA fees previously imposed, but courts do not need to remove them without a court order to do so as the change is not retroactive.
  • Court Impact– The DNA assessment codes will be made “Obsolete” on the effective date of the bill so they cannot be added to any additional cases.  
  • Effective – July 1, 2023; except section 15 is contingent when section 3 Chapter 206 Laws of 2021 takes effect and section 16 expires when section 15 takes effect.

 

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HB 1199 - Child Care/Communities

  • Bill #1199
  • Summary – Bars certain common interest housing community associations from prohibiting or unreasonably restricting or limiting the use of specified housing types for licensed day care facilities with violators liable to the operator for up to $1,000.  It also allows associations to impose limited conditions.
  • Court Awareness– This bill may result in additional civil filings for violations by an association of apartment owners, a unit owners’ association, or a homeowners’ association that willfully violates the act, brought by the family day care provider or the child day care center, for actual damages and may be ordered to pay a civil penalty not to exceed $1,000.
  • Effective – May 1, 2023

 

SHB 1200 – Information Public Employees to Provide Employees’ Union Bargaining Representatives

  • Bill #1200
  • Summary – Specifies employee information that covered public employers and schools are required to provide to employees’ collective bargaining representative; establishes timeframe and format in which it is to be provided; clarifies and limits purposes for which representative may use it; and authorizes representative to sue for employer non-compliance.
  • Court Awareness – Allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.
  • Court Impact – A new Civil (Case Type 2)cause of action code EMP – Employment was created for this type of filing.  
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • Effective – July 23, 2023

 

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EHB 1209 – Restricting the Possession, Purchase, Delivery, and Sale of Certain Equipment Used to Illegally Process Controlled Substances

  • Bill #1209
  • Summary – Creates the Tyler Lee Yates Act, establishing a new class C felony for any person who possesses, purchases, delivers, sells, or with intent to sell a tableting machine or encapsulating machine knowingly or under circumstances where one should reasonably know such a machine is used to manufacture, produce, convert, process, or prepare a controlled substance other than cannabis.
  • Court Awareness – The list of law table changes can be found at the bottom of this answer. 
  • Effective – July 23, 2023

 

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SHB 1240 - Firearms Safety

  • Bill #1240
  • Summary – Prohibits the manufacturing, importation, distribution, sale, or offer for sale of any assault weapon, subject to limited exceptions such as inheritance.  Allows a recipient of a civil investigative demand from the Attorney General to file in superior court a petition to extend the time to respond or modify or set aside the demand for good cause and prohibits the Attorney General from sharing information obtained through a civil investigative demand with any law enforcement agency conducting a criminal investigation unless required to do so pursuant to a search warrant.
  • Court Impact – A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.  Effective 7/23/2023.
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
    • Creates a new Gross Misdemeanor for manufacturing, importing, distributing, sale of or offer for sale of any assault weapon.
    • The list of law table changes can be found at the bottom of this answer.
  • Effective – April 25, 2023 

 

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ESHB 1311 – Duties of Credit Repair Service Organizations

  • Bill #1311

  • Summary – Expands notice and other duties credit repair service organizations owe to those they serve.   Non- compliance is deemed a Consumer Protection Act violation, and reaffirms that those harmed by violations may sue under RCW 19.134.080 or as otherwise permitted by law.
  • Court Impact – A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.  
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • Effective – July 23, 2023 

 

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HB 1312 - Jury Service

  • Bill #1312
  • Summary – A person 80 years old or older may request to be excused from jury service, without a doctor’s note, if they attest that they are unable to serve on the jury due to health reasons. 
  • Court Awareness – This bill requires the court to develop an attestation form to allow the jurors 80 years of age or older to request to be excused due to health reasons.  
  • Effective – July 23, 2023

 

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EHB 1324 – Scoring of Prior Juvenile Offenses in Sentencing Range Calculations

  • Bill #1324
  • Summary – Persons found guilty under Washington juvenile law for crimes other than murder in the first degree, murder in the second degree, or a class A felony sex offense, are prohibited from having their offenses be included in their offender score. Additionally, out of state and federal convictions that would be adjudicated in Washington juvenile court, and are not comparable to murder in the first degree, murder in the second degree, or a class A felony sex offense, may not be included in a person’s offender score.
  • Court Impact – May increase the number of resentencing hearings.   Revisions to applicable forms anticipated.  This answer will be updated with information about form changes.
  • Effective – July 23, 2023

 

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ESHB 1335 - Unauthorized Publication of Personal Identifying Information

  • Bill #1335
  • Summary – With limited exceptions, bars publication of another’s personal identifying information without their consent when published with intent to cause harm or reckless disregard of such risk.   Creates a civil cause of action for victims against the publisher and specified others, limits defenses, provides for substantial relief, and authorizes the courts to enjoin prohibited publication.
  • Court Awareness – Use existing Civil Tort Other or Civil Miscellaneous (Case Type 2) for case filings. 
  • Effective – July 23, 2023

 

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HB 1370 - Securities Whistleblowers 

  • Bill #1370
  • Summary – Provides for monetary awards to securities law violation whistleblowers, clarifies eligible recipients, and establishes criteria for determining amount, with specified exceptions and prohibits employer retaliation.  Creates a cause of action against retaliators, bars efforts to impede communications with regulatory entities concerning potential violations, and excepts certain information (e.g., information likely to reveal whistleblower’s identity) from the Public Records Act.
  • Court Awareness – Use existing Civil Miscellaneous (Case Type 2) for case filings. 
  • Effective – July 23, 2023

 

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ESHB 1394 - Youth Who Commit Sexual Offenses

  • Bill #1394
  • Summary – Changes Failure to Register as a Sex Offender for a person who was under the age of 18, and the person was not sentenced for the offense in adult court due to decline of juvenile court jurisdiction for a sex offense, to a gross misdemeanor. Any person who resides in Washington who has been found to commit any sex offense or kidnapping offense must register with the county sheriff the person’s residence or the county where the person works or attends school. Sex offenses that require registration are laid out within amended RCW 9A.44.130 (Registration of Sex Offenders and Kidnapping Offenders—Procedures—Definition—Penalties). A person who has a duty to register under 9A.44.130(1)(b) will have their duty to register extinguish three years after the date of release from confinement (including residential treatment) or entry of disposition whichever is later, if the person is required to register for a class A sex offense committed while they were 15, 16, or 17 years of age. For a person not required to register under 9A.44.130(1)(b) that is also not required to register for a class A sex offense, the duty to register will end two years after the last date of release from confinement or entry of disposition.

 

Eliminates the requirement to register as a sex offender for juveniles where the offense was committed while under age 18 and not sentenced for an offense in adult court due to decline of juvenile court jurisdiction effective November 1, 2023. For those juveniles who are still required to register under the terms of the bill, the legal obligation extinguishes two or three years after the last date of release from confinement. Requires the Washington State Patrol to notify registered sex offenders of the extinguishing of the legal obligation to register created by this legislation. By December 1, 2023, each registering agency shall conduct a review and remove all persons from the sex offender registry whose obligation to register is based on an offense while the person was under the age of 18, except for those who have an obligation to register under RCW 9A.44.130(1)(b).

  • Court Awareness – The list of law table changes can be found at the bottom of this answer. 
  • Effective – July 23, 2023; except section 10 (November 1, 2023)

 

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ESHB 1469 - Access to Reproductive Health Care Services and Gender-affirming Treatment in WA State

  • Bill #1469
  • Summary – This bill requires that subpoenas and applications to install devices to collect evidence include an attestation detailing if the subpoena is seeking information related to providing or receiving gender- affirming treatment and reproductive health care services protected by Washington law.
  • Court Awareness– Creates a new civil claim for interference with protected health care services with damages including actual damages but not limited to costs and reasonable attorney’s fees spent in defending the underlying action, costs and reasonable attorneys’ fees spent bringing the new action, and statutory damages up to $10,000.
  • Effective – April 27, 2023

 

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2SHB 1534 – Strengthening Protections for Consumers in the Construction Industry

  • Bill #1534
  • Summary – Expands the list of when the Department of Labor and Industries must deny a business entity application for registering their business.  It also increases the amount of the required surety bond, increases penalties, and creates the Homeowner Recovery Account.
  • Court Impact – Beginning July 1, 2026, a person is eligible to recover from the homeowner recovery program provided they are a claimant with a final judgment in a court of competent jurisdiction against a registered contractor for a claim on his or her primary residence or multifamily dwelling for the unit in which they reside.  A new Civil Cause of Action CodeCPA – Consumer Protection Act was created for this type of filing.  
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • Effective – July 23, 2023; except sections 3-9 (July 1, 2024); and section 10 (June 30, 2023)

 

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SHB 1562 - Gun Violence, Gender-based Violence, and Other Types of Violence

  • Bill #1562
  • Summary – Adds crimes that prohibit a person from possessing a firearm to amended RCW 9.41.040 2(a)(i)(D) (Unlawful possession of firearms—Ownership, possession by certain persons—Restoration of right to possess—Penalties). Firearms possession is prohibited based on a protective order during any period of time the person is subject to a protection order, no-contact order, or restraining order that was entered after notice and an opportunity to respond, restrains the person from harassing, stalking, or threatening the protected person, other persons identified in the order, or protected person's child if they meet specified requirements.

 

Revises the restoration of firearms process and lays out a new section of RCW Chapter 9.41 (Firearms and Dangerous Weapons). Five years is the time period for restoration of firearms preceding the petition for gross misdemeanors and misdemeanors laid out in the new section of RCW 9.41. Firearm rights may never be restored for a conviction or not guilty by reason of insanity (NGRI), finding for a felony sex offense, a class A felony, or a felony with a maximum sentence of at least 20 years. A person prohibited from possessing firearms as a result of a civil commitment following a Not Guilty by Reason of Insanity finding in a criminal case must wait one year following discharge before the person may apply for restoration of firearm rights.

 

Allows a person to petition for restoration by filing the petition in the superior court in a county that entered any prohibition or the superior court in the county where the petitioner resides. Notice of the petition must be served on the prosecuting attorney. A person may not be precluded from filing a petition to restore firearm rights on the basis that the person cannot verify whether the person is prohibited from possessing a firearm in the state of conviction.

 

Requires the Administrative Office of the Courts (AOC) to create standard forms for restoration petitions and orders. The AOC must update protection order and no contact order forms to allow victims to opt out of notification of firearm restoration proceedings. These updated forms and the standard forms for restoration petitions and orders must be used beginning January 1, 2024.

  • Court Awareness – New forms are anticipated.  This answer will be updated with information about new forms and new codes, as applicable. 
  • Effective -July 23, 2023 

 

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HB 1696 - Stalking Related Offenses

  • Bill #1696
  • Summary – Elevates stalking under certain conditions from gross misdemeanor to a class B felony. Stalking does not include the installation, placement, or use of an electronic tracking device by an order of a state or federal court, or by any of the following individuals or organizations listed under RCW 9A.46.110(4). The provision related to the crime of Cyberstalking is repealed.
  • Court Awareness– Repeals the Cyberstalking law.
  • Effective – July 23, 2023

 

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E2SHB 1715 - Comprehensive Protections for Victims of DV and Other Violence Involving Family Members or intimate Partners

  • Bill #1715
  • Summary – This bill provides for comprehensive protections for victims of domestic violence including electronic monitoring with victim notification technology; domestic violence homicide prevention training for judicial officers; extending effective dates of a temporary protection order and a temporary order to surrender and prohibit weapons; expanded trauma-informed and skill trainings for law enforcement; additional self-incrimination considerations for respondents of an order to surrender and prohibit weapons; and establishing a center for research, policy, and practice to reduce domestic violence at the University of Washington.
  • Court Awareness/Court Impact/Court Action – Pattern form updates are anticipated along with new codes for data collection and reporting. This answer will be updated with information about new forms and new codes, as applicable. 
  • Effective – July 23, 2023

 

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ESHB 1766 - Hope Card Program

  • Bill #1766
  • Summary – Requires the Administrative Office of the Courts to create a Hope Card program in collaboration with the state’s district and municipal court judges, superior court judges, county clerks, court administrators, and sheriffs. Hope Cards must be in a scannable electronic format and contain specified information about a full protection order. Beginning July 1, 2025, any person who has been issued a domestic violence protection order, stalking protection order, vulnerable adult protection order, or anti-harassment order may request a Hope Card from the clerk of the court who issued the protective order.
  • Court Awareness – More information will be provided on how the Hope Card program will be implemented closer to the effective date of this bill. 
  • Effective – January 1, 2025

 

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SSB 5006 - Clarifying Waiver of Firearm Rights

  • Bill #5006

  • Summary – Creates a new class 4 civil infraction for Unlawful Possession of a Firearm if the person (adult or juvenile) is in possession or control of a firearm after filing a voluntary waiver of firearm rights that has been accepted by the clerk of the court and has not been lawfully revoked. Allows voluntary waivers to be filed with the court in writing or electronically. Allows the person filing the form to provide the name of a family member, mental health professional, substance use disorder profession, or alternate person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver is in effect or if the filer applies to have the waiver revoked. Encourages mental health and substance use disorder professionals to discuss the waiver with their patients if they reasonably believe that a discussion will avoid or minimize an imminent danger to the individual or others.
  • Court Awareness– New Class 4 Civil Infraction for Unlawful Possession of a Firearm if the person, adult or juvenile, is in possession or control of a firearm after filing a voluntary waiver of firearm rights has been accepted by the clerk of the court and has not lawfully been revoked.
    • Juvenile Infractions should not be filed with district or municipal courts as the statute related to CLJ Authority over Juvenile matters, RCW 13.04.030(1)(c)(III) was not updated to include these infractions.
    • The list of law table changes can be found at the bottom of this answer. Checking with Michelle to see if the SC law table will be updated with the infraction??? 
  • Effective – July 23, 2023

 

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SSB 5028 - Revising the Name Change Request Process

  • Bill #5028
  • Summary – In superior court, a person may apply for a name change if they are an emancipated minor or refugee, when the name change is related to gender expression or identify, or when the name change is due to the experience or reasonable fear of violence or harassment. 
  • Court Awareness – Appointed guardians can file for a name change on behalf of a child they are appointed to represent and a qualified legal service provider can file a waiver of fees on behalf of a person seeking a name change.
  • Effective – July 23, 2023

 

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SSB 5033 - Custodial Sexual Misconduct

  • Bill #5033
  • Summary – Elevates Custodial Sexual Misconduct in the first degree from a class C to a class B felony, and increases the seriousness level from level V to level VII. Elevates Custodial Sexual Misconduct in the second degree from a gross misdemeanor to a class C felony, and increases the seriousness level of V. This act may be known and cited as Kimberly Bender's Law.
  • Court Awareness – The list of law table changes can be found at the bottom of this answer. 
  • Effective – July 23, 2023

 

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SSB 5078 - Firearm Industry Duties

  • Bill #5078
  • Summary – Creates Firearm Industry Responsibility and Gun Violence Victims’ Access to Justice Act.  It bars firearms industry members from knowingly creating, maintaining, or contributing to a public nuisance through the sale, manufacturing, distribution, importing, or marketing of firearms industry products and requires members to implement reasonable controls to avoid creating or contributing to such nuisance and to employ reasonable precautions to avoid selling or distributing such products to downstream distributors or retailers who fail to implement such controls.  It also bars sales of such products foreseeably convertible to illegal ones or targeted to minors or to those legally ineligible, deems violations a public nuisance and Consumer Protection Act violation, and authorizes the Attorney General to sue for punitive damages and other relief and to issue investigative demands to those believed to have relevant knowledge.  Demand recipients are allowed to move to modify or quash them as permitted by RCW 19.86.110(8).  Additionally, this bill clarifies that the Act does not impair any private cause of action available to a person under other law.
  • Court Impact –Court Impact – A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.  
    • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • Effective – July 23, 2023

 

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2SSB 5128 - Jury Diversity

  • Bill #5128
  • Summary – Requires the Administrative Office of the Courts (AOC) provide to all courts a method to collect jurors’ race, ethnicity, age, sex, employment status, educational attainment, and income, as well as any other data approved by order of the Chief Justice. Data must be collected in a manner that preserves juror anonymity and must be reported annually to the Governor.

 

Establishes a work group to make recommendations for the creation of a childcare assistance program for individuals reporting for jury service. The AOC must report findings to the Legislature by December 1, 2024, and the report must outline planning and implementation of the program as well as estimated cost.

 

Amends RCW 2.36.095 to include electronic summonsing. Starting July 1, 2024, persons applying for a driver’s license or ID card may opt-in to allow the Department of Licensing to share their email address, and persons registering to vote may opt-in through the Secretary of State, for the purpose of electronically receiving jury summonses and other related jury communications.

  • Court Awareness – AOC shall provide all courts with a method to collect jury diversity data while protecting their anonymity.
  • Effective – July 23,2023; except section 4(2)(b) (July 1, 2024)

 

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ESSB 5231 - Emergency DV Orders 

  • Bill #5231
  • Summary – Allows a peace officer to request an ex parte emergency No-Contact Order on behalf of a victim in an alleged act involving domestic violence. If the court finds probable cause that the victim is in imminent danger of domestic violence, the court must grant the emergency No-Contact Order and may issue an order to surrender weapons or extreme risk protection order.
  • Court Awareness–
  • Allows an officer to request an emergency No Contact Order and Order to Surrender Firearms, Dangerous Weapons, and CPL or Extreme Risk Protection Order from a judicial officer, ex parte, prior to charges or a civil protection order petition being filed.  
    • Possible Forms changes
    • Emergency orders are anticipated to be delivered by law enforcement to the prosecutor and filed with the clerk in the manner established by the local jurisdiction. 
    • The current court business processes remain unchanged.  Emergency orders would be processed in the same manner as No-Contact Orders filed in a criminal or juvenile offender case.   
  • Effective – July 23, 2023

 

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SB 5347 – Access to ADRs

  • Bill #5347
  • Summary – Provides that the Department of Licensing and probation officers and clerks may provide a full abstract driving record (ADR), including all alcohol-related offenses, to a treatment agency or for a treatment assessment. Further provides that the court may waive the fees charged for producing and copying an ADR if the individual is found to be indigent.
  • Court Impact – DOL is developing a new abstract for court and probation staff to utilize in DIAS for this purpose.  
    • Additional staff may need access to DIAS set up by the court’s DIAZ Administrator to allow them access to the new ADR.
  • Effective - July 23, 2023

 

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SB 5392 – Overpayments on certain matters

  • Bill #5392
  • Summary – Amends Uniform Unclaimed Property Act to allow courts to retain overpayments made in connection with any litigation for amounts less than or equal to $10 with court clerk to remit such funds to local treasurer.
  • Court Awareness – Applicable updates will be made to the Odyssey Financial Manual.  
  • Effective – July 23, 2023

 

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SSB 5415 - Public defense services for persons committed as NG by reason of insanity

  • Bill #5415
  • Summary – Tasks the Office of Public Defense (OPD) to provide representation for persons not guilty by reason of insanity and committed to state psychiatric care and requires OPD to contract with attorneys and other entities for legal representation for such persons throughout their term of commitment, which includes conditional release until the legal termination of the commitment.  Updates the definition of “indigent person”; and requires courts to notify OPD of the need for representation at the time an individual is committed to state psychiatric care or acquitted by reason of insanity. Courts shall assist a person or a conditionally released indigent person in obtaining a qualified expert or professional person for an examination of their mental condition. OPD shall compensate expert or professional persons in a manner consistent with the Rules of Professional Conduct, standards for indigent defense, and policies and procedures of OPD.
  • Court Awareness – Prior to acquittal by reason of insanity, the court shall appoint counsel administered by the county where the criminal charges are filed.  At the time an indigent individual is acquitted by reason of insanity and is committed to state psychiatric care, the court shall immediately notify WA State Office of Public Defense of the need for representation during the term of commitment.
  • Effective – April 20, 2023 

 

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E2SSB 5440 – Competency restoration

  • Bill #5440
  • Summary – Requires the court to make a finding of genuine doubt as to competency, based on either by the court’s direct observations, judicial colloquy, or from information from the defendant’s attorney, before ordering a competency evaluation, and provides that information provided by defendant’s counsel does not requires a waiver of attorney-client confidentiality. Beginning October 1, 2023, if the court orders a competency evaluation for a defendant charged with a serious traffic offense, or a felony version of a serious traffic offense, the prosecutor may motion the court to revoke the defendant’s driver’s license for a period of one-year. Defines “serious traffic offense”; permits the court to reinstate the defendant’s driver’s license if their competency is restored or to vacate the revocation before the one year expires if the defendant petitions for such based on good cause, and creates additional requirements for persons found incompetent due to an intellectual or developmental disability, dementia, or traumatic brain injury.

 

Courts are required to consider all available and appropriate alternatives to inpatient competency restoration for defendants charged with either a class C felony or nonfelony serious offense. In counties with a forensic navigator program, the navigator must meet with, interview, and observe defendants charged with a nonfelony if the defendant has had two or more competency evaluations within the preceding 24 months on separate charges. The navigator must determine whether the defendant is amenable to engage in services, and if so, then to recommend diversion to both the defense and prosecuting attorneys. If the parties agree, then the prosecutor must seek to have the charges dismissed without prejudice. Otherwise, the defendant may motion for the court to dismiss the charges without prejudice. Defendants who enter a diversion program must have a navigator assigned to them for no more than six months. The navigator must provide the court and parties with monthly status updates on the defendant’s progress.

 

Provides that even if the parties do not agree on an appropriate diversion program, the court is still required to dismiss the charges without prejudice, unless the prosecutor objects. If the prosecutor objects to the diversion program and provides notice to motion for competency restoration, then they must establish by a preponderance of the evidence that there is a compelling state interest for the court to order restoration treatment. There is a rebuttable presumption that there is no compelling state interest where the defendant is currently subject to an order under the Involuntary Treatment Act or said proceedings were initiated. Permits the court to issue a warrant for failure to appear for any defendant who fails to complete their evaluation after two attempts at scheduling.

  • Court Awareness– Beginning October 1, 2023, if a person found not-competent was charged with a serous traffic offense or a felony version of a serious traffic offense, the court can order the clerk to transmit an order to DOL for revocation of the defendant’s driver’s license for 1 year.  If the person has their competency restored within that 1 year, they can motion to have their driving privileges restored.
    • DOL will develop a way to report the revocation and restoration orders in DIAS prior to the effective date of this requirement.  
    • This answer will be updated if any additional changes are made when the changes are available for use.
  • Effective – July 23, 2023; except sections 7 and 9 (May 15, 2023); and section 13 (December 1, 2023)

 

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SSB 5453 -   Female Genital Mutilation 

  • Bill #5453
  • Summary – Bars health care practitioners from performing non-medically necessary procedures involving removal of or injury to female external genitalia; deems performing to be unprofessional conduct and, if on a minor, a gross misdemeanor, with knowingly transporting or allowing transport of minor for such purpose also a gross misdemeanor; adds performance to definition of abuse and neglect which mandatory reporters must report; authorizes victim to sue for damages; and clarifies that consent of the involved minor or their parents is no defense to criminal prosecution, nor is fact the action was taken in accord with custom or ritual.
  • Court Awareness– Creates a new civil cause of action against the person that committed the act.  Civil actions must be commenced within 10 years of the acts alleged to have caused the injury, but will be tolled for a minor until they reach the age of 18 years old. 
    • Also creates new Gross Misdemeanors for committing female genital mutilation on a minor and for transporting a minor or causing or permitting transportation of a minor for the purpose of female genital mutilation.  Prosecution can happen up to 10 years after the commission of the act or if committed against a victim under 18, up to the victim’s 28th birthday, whichever is later.
    • The list of law table changes can be found at the bottom of this answer.
  • Effective – April 20, 2023

 

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2E2SSB 5536 – Controlled Substances, Counterfeit Substances, and Legend Drug Possession

  • Bill #5536
  • Summary – Classifies Possession of a Controlled Substance (RCW 69.50.4013), Possession of a Counterfeit Substance (RCW 69.50.4011) or Use of a Controlled Substance/Counterfeit Substance in a public place as a gross misdemeanor, and carry a potential maximum sentence of 180 days in jail, a $1,000 fine, or both. A defendant who has two or more prior convictions for the same offense occurring after July 1, 2023 can carry a potential maximum sentence of 364 days in jail, a $1,000 fine, or both. A public use exception applies to cannabis, cannabis concentrates, or cannabis infused products for individuals who have a valid prescription or order of a practitioner while acting the course of their professional practice. No person may be charged with both possession and use of a controlled or counterfeit substance related to the same course of conduct. Defines Possession of a Legend Drug (RCW 69.41.030), use of a legend drug in a public place as a misdemeanor crime, and carries a maximum sentence of 90 days in jail, a $1,000 fine, or both.

 

Encourages law enforcement, in lieu of jail booking and referral to the prosecutor, to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, Arrest and Jail Alternative (AJA) programs established under RCW 36.28A.450, Law Enforcement Assisted Diversion (LEAD) programs established under RCW 71.24.589, and the Recovery Navigator Program (RNP) established under RCW 71.24.115 for individuals accused of a simple controlled substance/counterfeit substance/possession of a legend

 drug crime.

 

Creates a new section of RCW 69.50 which provides individuals charged with simple possession the opportunity to participate in a pretrial diversion program (PTD). The program allows the individual to be meaningfully engaged in a substance use disorder (SUD) program in exchange for the State to dismiss the simple possession charge. During arraignment a judge shall advise the individual about PTD and its process. These programs do not preclude the defense or prosecution from seeking to resolve the case through a stipulated order, deferred prosecution, or other alternative means of resolution that suit the defendant’s circumstances or situation. The defendant may make a motion to participate in PTD and waive their right to speedy trial if the motion is granted. Consent of the prosecutor is required for the defendant’s participation in PTD. In any case where the defendant is only charged with a violation of knowing possession of a controlled substance/counterfeit substance; or public use of a controlled substance/counterfeit substance; or knowing possession of a legend drug and the defendant has not been convicted of any offense after the effective date of this section; the court shall grant the motion, continue the hearing, and refer the defendant to a AJA, LEAD, or RNP program. In any other case the court may grant the motion for PTD. There is no civil liability for the State and other entities based on administration of PTD except upon a proof of bad faith or gross negligence.

 

Requires the defendant to comply with the recommended treatment if granted PTD. If an assessment of the defendant includes a referral to treatment or services; AJA, LEAD, or RNP shall provide the court with, at the least, a monthly written status update on the defendant’s progress. Copies of the status update are to be given to the prosecution, defendant, and defense counsel. If an assessment does not recommend any treatment or services, the defendant must instead complete an amount of community service as determined by the court, but not to exceed 120 hours, in order to complete PTD. If it appears to the prosecuting attorney that the defendant is not substantially complying, the prosecutor may motion to terminate PTD. There are specific procedures for a hearing on a motion for termination from PTD, including certain factors that the court must consider which are outlined in the new section of RCW 69.50.  If the defendant completes a SUD program, files proof of such completion with the court, or alternatively, enrolls with a AJA, LEAD, or RNP program and substantially complies with recommended treatment or services for six months; the court must vacate the conviction upon verification. By June 30, 2025 the Health Care Authority (HCA) shall develop and implement a data integration platform to support AJA, LEAD, and RNP programs and similar diversion efforts to serve as a common database to track diversion efforts across the state.

 

Adds a new section to RCW chapter 71.24 in which HCA is to develop health engagement hubs to provide all-in-one treatment services for those with a SUD. Provides funding for HCA to establish a grant program for providers of employment, education, training, certification, and other supportive programs designed to provide persons recovering from a substance use disorder with employment and education opportunities. Requires HCA, in consultation with the Department of Children, Youth, and Families (DCYF), to develop a training for parents of children and transition-age youth by June 20, 2024. This training shall provide education on SUDs, adaptive and functional communication strategies with a person with a SUD, self-care, and how to obtain and use opioid overdose reversal medication. This training shall be made available to the public. Requires HCA to collaborate with the Department of Social and Health Services (DSHS) to expand the Washington Recovery Help Line and recovery readiness tools to provide a robust resource database for those seeking recovery services.

 

Requires the Office of Public Defense, subject to appropriation, to reimburse courts of limited jurisdiction in counties with a population of 500,000 or less or in cities with a population of 200,000 or less for public defense costs related to possession or public use of a controlled substance, counterfeit substance, or legend drug. Makes sales of drug paraphernalia a civil infraction. Possession of drug paraphernalia is not banned, and public health programs are allowed to distribute such materials as well as test strips that can detect the presence of fentanyl or other substances in drugs. The State of Washington fully occupies and preempts the entire field of drug paraphernalia regulation within the boundaries of the state. Permits cities, towns, and counties or other municipalities to enact only those laws and ordinances relating to drug paraphernalia that are specifically authorized by state law. Various appropriations with their respective limitations and conditions for the programs and services within this legislation are codified in this bill.

  • Court Awareness – Defendants charged with possession charges under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2)(b) or (c) can still resolve charges through available therapeutic courts or other alternatives to prosecution, including but not limited to, a stipulated order of continuance or deferred prosecution, or any other resolution of charges or terms of supervision that suit the circumstances of the defendant’s situation and advanced stabilization, recovery, crime reduction, and justice.  

 

Persons convicted of violating one of the above charges that complete a substance use disorder program and files proof of completion with the court, or obtains an assessment from one of the authorized Pre-Trial Diversion programs above, and has six months of substantial compliance with recommended treatment or services and progresses toward recovery goals, upon verification the court must vacate the conviction or convictions.

 

In any jurisdiction with a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement diversion program established under RCW 71.24.589, a defendant charged with one of the above violations may motion to participate in pretrial diversion and agree to waive his or her rights to a speedy trial if the motion is granted. Participation in Pre-Trial Diversion does not constitute a conviction, a stipulation to facts, or an admission of guilt for any purposes.  The length of the Pre-Trial Diversion may be 12 months of substantial compliance with the assessment and recommended treatment or services, by successfully completing successful service, whichever comes first.   If treatment or services were not recommended, then by successfully completing the community service ordered.   Successful completion of a Pre-Trial Diversion shall result in the charge(s) being dismissed.

 

The court shall provide the defendant and defendant’s counsel with detailed information about the program, roles of all parties, and instructions outlined in the new statute [See Sec. 9 (2)]. 

 

If funds are available for this purpose, the assessment and recommended treatment or services must be provided at no cost for defendants who have been found to be indigent by the court.  

 

The diversion program or service provider shall provide the court with regular written status updates on the defendant’s progress on a schedule acceptable to the court, but at least monthly, and shall be filed under seal with the court.  The updates are confidential and exempt from disclosure.   

 

If the assessment conducted does not recommend any treatment or services, the defendant must instead complete an amount of community service as determined by the court, but not to exceed 120 hours of community service, in order to complete Pre-Trial Diversion.

    

Many substance related law numbers have been modified due to this bill.

  • Court Impact – This answer will be updated with information about form changes and implementation of new codes for use in the Superior Courts, if applicable.
  • Effective – Sections 1-5, 7-11, July 23, 2023, Section 41 July 1, 2023, Section 6 January 1, 2025

 

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ESB 5623 – Modifying an Element of the Offense of Hate Crime and Classifying a Hate Crime as Crimes Against Persons

  • Bill #5623
  • Summary – Adds hate crimes to the classification of crimes against persons. Replaces the element of causing physical injury for the offense of hate crime with an assault on a person based on the attacker’s perception of the victim’s race, religion, ancestry, color, national origin, gender, sexual orientation, gender identity/expression, and/or physical/mental/sensory disability.  
  • Court Awareness – The list of law table changes can be found at the bottom of this answer.
  • Effective – January 1,2024 


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