What changes were made to JIS and SCOMIS for 2008 legislation for superior courts?

Many bills passed in the 2008 legislative session required changes to JIS, SCOMIS, or documentation.

This answer contains:

  • A brief description of each bill and a link to the complete text of the bill on the Washington State Legislature's Web site.
  • A summary of the JIS and/or SCOMIS changes for that bill.
  • Related links to the updated documentation in the JIS Online Manual, JRS/JIS Code Manual for Superior Courts, SCOMIS Code Manual, and to other eService Answers.

1. Electronic Devices

  • ESHB 1031 (Ch 138, Laws 2008) added new sections to Title 19 RCW.
  • The law creates a new felony related to the unauthorized collecting of information by an electronic device.  A person that intentionally scans another person's electronic  identification device remotely, without that person's prior knowledge and prior consent, for the purpose of fraud, identity theft, or for any other illegal purpose, is guilty of a class C felony.

2. Diversion Records

  • HB 1141 (Ch 221, Laws 2008) amended RCW 13.50.050. 
  • The juvenile criminal history records of a person who is 18 years of age must be automatically destroyed if: (1) the person's criminal history consists of only one diversion or "counsel and release" which was successfully completed; (2) two years have passed since completion of the diversion or counsel and release; and (3) no restitution is owed.  The juvenile court, with Administrative Office of the Courts' assistance, must coordinate with the Washington State patrol, local law enforcement, and the prosecutor's office to ensure that all records are destroyed.  State and local governments are not liable for civil damages for the failure to destroy records.
  • No less than quarterly, the AOC shall provide a report to the juvenile courts of those individuals who may have records eligible for destruction.   The juvenile court shall verify eligibility of the records and notify appropriate parties of the records to be destroyed.  Records shall be destroyed within 90 days of eligibility.

3. Interpreter Services

  • 2E2SHB 2176 (Ch 291, Laws 2008) amended RCWs 2.42.120, 2.43.040, and 2.56.030, and added new section to chapter 2.43 RCW.
  • Need statewide data on impact of unavailability of court interpreters.
  • Allows clerks to accurately docket continuance reason when interpreter is unavailable.
  • New Proceeding Continuance Docket Code will be added to the SCOMIS Code Manual for HCNTIN-HRG CONTINUED - INTERPRETER UNAVAILABLE.

4. Wireless Number Disclosure

  • 2SHB 2479 (Ch 271, Laws 2008) amended RCW 19.250.010, added new sections to chapter 19.250 RCW, and created a new section.
  • Requires a subscriber's consent for disclosure of wireless telephone numbers.  Creates a new civil fine for a violation of the statute. Enforceable by the attorney general.
  • File under SCOMIS Civil Case Type 2 using either Cause Codes MSC - Miscellaneous or INJ - Injunction.

5. Victims' Employment Leave

  • SHB 2602 (Ch 286, Laws 2008) amended RCW 7.69.030, added new chapter to Title 49 RCW.
  • Requires employers to provide reasonable leave to employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims.
  • Provides an administrative remedy through Washington State Department of Labor & Industries and a civil remedy through the court system.
  • File under SCOMIS Civil Case Type 2 using Cause Code MSC - Miscellaneous.

6. Children's Safe Products

  • E2SHB 2647 (Ch 288, Laws 2008) amended RCW 43.70.660, added new chapter to Title 70 RCW, and created a new section.
  • Requires the state to develop numerous safety standards relating to chemicals in products for children.  Section 7 creates a new civil penalty for violation of the standards, with the penalty to be paid into the state toxics control account.
  • Effective July 1, 2009, file under SCOMIS Civil Case Type 2 using Cause Code MSC - Miscellaneous.

7. Criminal Street Gangs

  • E2SHB 2712 (Ch 276, Laws 2008) numerous RCWs amended and sections added.
  • The following are authorized under the law: (1) creation of grant programs to target gang crime and graffiti; (2) creation of a statewide gang database; (3) certain penalties and costs a property owner may recover for graffiti damage; and (4) creation of a temporary assistance program for witnesses of gang-related felonies.
  • Penalties are increased when an adult involves a minor in a gang-related felony.  The list of aggravating factors is expanded to include any crime committed to benefit a gang.
  • Courts must impose community custody if a gang member unlawfully possesses a firearm.
  • Cause of action to recover penalties and costs for graffiti damage filed under SCOMIS Civil Case Type 2 using new Cause Code PRG - Property Damage Gangs.
  • New Cause Code will be added to the Cause Codes Section of the SCOMIS Code Manual.

8.  Convicted Sex Offenders-DNA Identification

  • 2SHB 2713 (Ch 97, Laws 2008) amended RCWs 43.43.754 and 43.43.7541.
  • The bill expands the list of crimes for which a DNA sample is required.  Because some misdemeanors are now included, courts of limited jurisdiction will also be assessing the DNA fee.
  • A fee of $100 is assessed to defendants convicted of specific RCW violations.
  • Beginning 6/12/08, the agency that collects the DNA sample will receive 20% of the $100 fee.
  • Because a variety of agencies are responsible for collecting the samples, nine cost fee codes have been created for the Create AR (CAR) screen.
  • Each court (or, if desired, a group of courts in a county, such as a superior court and district court) determines which cost fee code to use for each agency in their area.
  • Courts should work with the local treasurer's office so that revenue listed on the Remittance Summary Report can be distributed by the treasurer's office to the correct agency.
  • The following chapter in the Financial Processing / Receivables section of the JIS Online Manualhas been added:
  • The following chapters in the JRS/JIS Code Manual for Superior Courtshave been updated:

9. Domestic Partnerships

  • 2SHB 3104 (Ch 6, Laws 2008) amended many RCWs including those pertaining to domestic violence, property distribution, and dissolution.
  • Procedures for dissolution apply to domestic partners.
  • Child support, maintenance, and parenting plan obligations, and procedures for enforcing such orders, apply to domestic partners.
  • Property of domestic partners is subject to community property, which applies from the date of the parties' registration. A domestic partner's property is obligated to family expenses and education of the children.
  • Property assigned from one domestic partner to another under a dissolution decree is exempt from real estate excise tax.
  • To terminate a domestic partnership, a domestic partner must file a petition for dissolution in superior court and follow the same procedures applicable to dissolution of marriages.
  • Once per month, the State Registrar of Vital Statistics must submit a list of persons who have dissolved their domestic partnerships to the Secretary of State.
  • The following new SCOMIS Cause Codes for Domestic Relations Case Type 3 will be added to the SCOMIS Code Manual:
    • DPN - Dissolution of Domestic Partnership - With No Children
    • DPC - Dissolution of Domestic Partnership - With Children
    • SPD - Legal Separation - Domestic Partnership
    • INP - Invalidity - Domestic Partnership

  • The following new Family Relationship Codes will be added to the Relationships Codes section of the JRS/JIS Code Manual for Superior Courts:
    • DPR - Domestic Partner
    • XPR - Former Domestic Partner

  • New vital statistics forms are being created by the Washington State Department of Health.

10. Child Well-Being-Dependency Cases

  • E2SHB 3205 (Ch 152, Laws 2008) amending several RCWs and creating new sections relating to promoting the long-term well-being of children.
  • Requires the court to direct the filing of a petition to terminate parental rights when a child has been in foster care for 15 of the past 22 months, unless the court determines there is good cause why a petition should not be filed.  Renames the Children's Trust of Washington (formerly the Washington Council for the Prevention of Child Abuse and Neglect) the Council for Children and Families.
  • The caption of the Dependency Review Hearing Order/Permanency Planning Hearing (DPRHO) form will be changed to include new sub-docket codes that reflect the finding of the court as to why a petition to terminate parental rights should not be filed.   The appropriate sub-docket code should be entered by the clerk at the time the DPRHO is entered.  For this purpose, the following new SCOMIS Docket Codes will be added to the SCOMIS Code Manual:
    • CPR - Child Placed with Relatives
    • SNP - Services not Provided
    • CRD - Compelling Reason Documented
    • GCF - Good Cause Found

11. Cigarette Ignition

  • 2SSB 5642 (Ch 239, Laws 2008) amending RCW 43.79A.040, adding new chapter to Title 19 RCW.
  • Beginning August 1, 2009, only reduced ignition strength cigarettes may be sold in Washington.
  • The provisions of the bill may be enforced civilly by the Attorney General or the state fire protection director.
  • Civil penalties assessed for violation of this chapter must be paid into a new Reduced Cigarette Ignition Propensity Account in the state treasurer's office.
  • File under SCOMIS Civil Case Type 2 using Cause Code INJ - Injunction.

12. Dependent Children--Visitation Rights--Relatives

  • SSB 6306 (Ch 259, Laws 2008) amending RCW 26.09.405, adding a new section to chapter 13.34 RCW.
  • A dependent child's relative may petition the juvenile court for reasonable visitation with the child in certain circumstances.  The term "relative" does not include the child's parent.
  • The court may modify the visitation order at any time upon a showing that the visitation poses a risk to the child's safety or well-being.
  • The visitation order terminates upon the child's placement in a pre-adoptive home or if a subsequent abuse or neglect allegation is founded against the relative.
  • File under SCOMIS Civil Case Type 7 using new Cause Code RVS - Relative Visitation.
  • One new SCOMIS Cause Code (RVS - Relative Visitation) for Juvenile Dependency Case Type 7 was added to the SCOMIS Code Manual.
  • The Person Business Rules Manual has been updated.

13.   Truancy Fines-Court Actions

  • SB 6398 (Ch 171, Laws 2008) clarified RCW's appropriate for Truancy Fines.
  • Added the RCWs to the Authorities listed for the AR Types for Truancy Fines.
  • Updated the JRS/JIS Code Manual for Superior Courts, A/R Type Codes section.

14.   Dependency Matters

  • ESSB 6792 (Ch 267, Laws 2008) amending several RCWs and creating new sections.
  • Establishes a standard of proof and makes certain procedural changes and clarifications for petitions to reinstate parental rights.
  • Adds references in child abuse and neglect hearing provisions relating to child safety, placement with a non-abusing parent, and restraining orders entered against an alleged abuser.
  • Establishes a schedule of monthly visits for children in foster care and requires accredited supervising agencies to conduct visits for the cases they supervise.  
  • Establishes a process for the sharing of information between the Department of Social and Health Services and the Department of Licensing to facilitate youth in foster care obtaining a state identification card.  
  • Clarifies and changes provisions relating to street youth, HOPE centers, and responsible living skills programs.  
  • Allows children ages 12 years and older who are the subject of dependency proceedings to receive notice, be present, and be heard in proceedings under a pilot program in four Washington counties (King, Thurston, Spokane, Benton-Franklin).
  • One new docket code will be added to the SCOMIS Code Manual for DEPINT - Dependent Interview for use in Case Type 7 Juvenile Dependency cases only. This code will be used to docket the in-camera interviews by judges of dependent children.
  • A new temporary custody order for reinstatement of parental rights proceedings will also be created.

15.   RCW Codes

RN id: 2008