What changes were made to JIS that affect courts of limited jurisdiction due to the 2009 Washington State Legislative session?
Many bills passed in the 2009 legislative session requiring changes to JIS or documentation. The bills that affect the courts of limited jurisdiction are listed below.
This answer contains:
- A brief description of each bill and link to the complete text of the bill from the Washington State Legislature's Web site.
- A summary of the JIS change for that bill.
- Court action needed or court awareness, with related links to the updated documentation in the JIS Online Manual, JIS Code Manual for Courts of Limited Jurisdiction, and to more detailed eService Answers regarding some of the changes.
Links to all the legislation described in this answer are below:
1. Consolidating Funds into the State General Fund
- Bill # - ESSB 5073.
- Summary - This bill discontinues a number of state specialized funds and directs all amounts that are currently being paid into those funds be paid into the State General Fund.
- All funds currently paid into the Public Safety and Education (PSEA account must be paid into the State General Fund. This affects sub-accounts 40 (PSEA 1) and 50 (PSEA 2) in JIS.
- All funds currently paid into the Equal Justice account must be paid into the State General Fund. This affects sub-accounts 54 (PSEA 3) in JIS.
- This affects all payments to the courts after July 1, 2009. This includes payments that are made on accounts receivables that were created before July 1, 2009.
- Court Awareness - The affected sub-accounts were renamed in JIS to reflect the money is going into the State General Fund:
- Sub-account 40 renamed to St Gen Fund 40
- Sub-account 50 renamed to St Gen Fund 50
- Sub-account 54 renamed to St Gen Fund 54
- Court Action - Courts can change their DCXT table to use the same local County/Department Codes for all three sub-accounts or they can instruct their treasurers to redirect the funds from the original accounts to a remittance to the state general fund.
- See Answer: PSEA splits redirected to the State General Fund.
2. Judicial Stabilization Trust Account
- Bill # - SHB 2362.
- Summary - Provide support for the Judicial Branch agencies by imposing a surcharge on certain court filing fees. The additional surcharge is in effect until July 1, 2011.
- Court Action - See Answer: New Filing Fees for the Judicial Stabilization Trust Account.
- Bill # - SSB 5732.
- Summary - Provides authority for Superior Courts and Courts of Limited Jurisdictions to provide relicensing diversion programs to persons who violate RCW 46.20.342(1)(c)(iv):
- A one-time fee of up to $100 can be imposed by the court for providing this program; the fee is to be retained 100% locally.
- New Cost Fee Code of RPF added to JIS, effective July 26, 2009.
- Court Action: Requires courts to provide an Abstract of Driving Record (ADR) to any person who violates RCW 46.20.342(1)(c)(iv), if the jurisdiction does not have a relicensing diversion program.
- A fee of up to $20 may be imposed by the court for providing the ADR; the fee is subject to splits required by statute.
- New Cost Fee Code of ADR added to JIS, effective July 26, 2009.
- DCXT screen in each court will need to be updated. (See the County Department Cross Reference Codes (DCXT) for details.)
4. District and Municipal Court Clerk's Fees
- Bill # - SB 5277.
- Summary - Allows District Courts to collect fees for services in amounts commensurate with fees charged by superior court clerks, with the exception of ex parte fees, which are $20 per hour in District Court. New fees allowed:
- Preparing a certified copy of an instrument on file or of record: $5 for the first page and $1 for each additional page.
- Authenticating or exemplifying an instrument: $2 for each seal affixed.
- Preparing a copy of an instrument on file or of record without a seal: $.50 per page.
- Copying a document without a seal or file that is in an electronic format: $.25 per page.
- Copies made on a compact disc: an additional fee of $20 per CD.
- Processing ex parte orders, performing historical searches, compiling statistical reports, conducting exceptional record searches: fee not to exceed $20 per hour or portion of an hour.
- Receiving faxed documents pursuant to GR 17 - Facsimilie Transmission: fee of up to $3 for the first page and $1 for each additional page.
- Court Action - See Answer - Receipting CLJ Clerk's Fees added in the 2009 Legislative Session .
5. Department of Transportation Budget - Photo Enforcement Pilot Programs
- Bill # - ESSB 5352.
- Summary - Sections 201, 218, 713 and 714 describe DOT pilot projects:
- Continuation of the existing pilot program - photo enforcement of speeding violations in Construction Zones.
- Creation of a new pilot program - photo enforcement of speeding violations in cities west of the Cascades with a population of over 200,000 (one camera to be placed in each jurisdiction).
NOTE: DOT determines where the pilot projects are done. Tickets issued by WSP for these projects are processed the same as Parking Violations.
- Court Action - See the Photo Enforcement and Parking Ticket Setup Tasks section of the JIS Online Manual prior to beginning processing photo enforced tickets.
- Bill # - ESSB 5513.
- Summary - Expands 2008 legislation (ESHB 2480) to allow transit authorities to adopt a schedule of violations, issue civil infractions and file them in either the District or Municipal Court.
- Court Action - See Answer - Adding Transit Fare Violation Laws.
7. Specialized Forest Products
- Bill # - SHB 1038.
- Summary - Many revisions were made to the statutes governing the regulation of Specialized Forrest Products (SFP). The law requires that all fines collected from this law be distributed equally to the district courts in the county, the county sheriff and the state treasurer. Definitions of Specialized Forest Products are updated. One new Class C Felony was added and two existing gross misdemeanors were updated.
- Court Awareness -
- Courts may order a suspension of the offender's privileges related to Specialized Forest Products as a condition of sentence, whether or not the person has had previous convictions.
- Courts shall suspend privileges for up to three years, after a third Specialized Forest Product-related violation.
- Courts are requested to notify the permittor (agency that issued the permit) that an offender's privileges have been suspended.
- Courts shall order the disposal or return of any materials seized during the investigation and arrest.
- Courts may order proceeds from materials ordered disposed of, that were sold, to be put toward outstanding court costs, then to the lawful owner of the materials. If the lawful owner cannot be located, then the proceeds shall be divided using the same splits as court fines for these violations.
- Owners of seized materials must be offered an opportunity to appeal an order for disposal of the seized materials.
- Court Action - New BARS Code for Forest Product Violations will be added to JIS effective July 26, 2009 and each court will need to update their DCXT screen. The DCXT Worksheet has been updated with the new BARS Code information for the laws that take effect July 26, 2009.
- Bill # - SHB 1778.
- Summary - Multiple changes made throughout Title 77 that affect Department of Fish and Wildlife violations.
- Court Awareness: Changes include:
- Failure to appear at a court hearing to contest an infraction or criminal citation will be treated as a conviction by DFW for purposes of the DFW enforcement statutes.
- An un-vacated Forfeiture of bail paid as final disposition for an offense will be considered a conviction by DFW for purposes of the DFW enforcement statutes.
- Mandatory revocation or suspension of permits or privileges will be ordered by DFW (Section 2, Section 16) based on convictions of violations.
- New Misdemeanor: 09C333S14.1 - Unlawful use of F&W Dept Permit, effective July 26, 2009.
- New Gross Misdemeanor: 09C33S14.4 - Unlawful use F&W Exp Fish/ Trial Permit, effective July 26, 2009.\New Gross Misdemeanor: 77.15.370.1E - Possess Sturgeon - Exceed Size Lt, effective 7/26/2009.
- Title changes will be made to 77.65.370 and 77.15.510, effective July 26, 2009.
- Bill # - SB 5568.
- Summary - Enhances tax collection tools for the department of revenue.
- Court Action -
- Superior and District Court Judges must sign and issue a subpoena for the production of records that are in the possession of a third party if probable cause exists that the records will aid the Department of Revenue in connection with its official duties.
- The entire court file of any proceedings under this section must be sealed and is not open to public inspection except upon court order.
- The Document Indexing application provides a method by which courts can track non-person documents which cannot be filed in SCOMIS or JIS. See the Document Indexing section of the JIS Online Manual - Administrative Tasks.
10. Document Recording Surcharge
- Bill # - HB 2331.
- Summary - Surcharge increase for documents filed with the County Auditor.
- Court Awareness -
- The existing $10 surcharge for filing documents with the County Auditor authorized under RCW 36.22.179 has been increased to $30 for the 2009-11 and 2011-13 biennia. This increases the fee for recording a Name Change filed by the District Courts from $42 to $62.
- The existing Cost Fee Code has been updated.
11. Definition of Conviction on Traffic Charges
- Bill # - SB 6068.
- Summary - The definition of the word "Conviction" for the purposes of chapter 46.25 RCW was expanded to include entry of a deferred prosecution program under chapter 10.05 RCW.
- Court Awareness -
- This affects persons convicted that possess a CDL License.
- Additional communications will be sent from AOC in July 2009 regarding changes to some pattern forms, including changes made due to this bill.
12. Reporting Firearm Prohibition Orders
- Bill # - HB 1498.
- Summary - Governs firearm possession by persons who have been involuntarily committed.
- Court Action -
- When a conviction is entered on an offense that results in a prohibition against possessing a firearm, or if a person is involuntarily committed, the court shall send to the Department of Licensing within three judicial days:
- A copy of the person's driver's license or identification card or comparable information.
- The date of conviction or commitment.
- Send paper copies to:
Department of Licensing
Firearms Licensing
PO Box 9649
Olympia WA 99999-9999 - Or, send PDF copies to: firearms@dol.wa.gov
- Additionally, for persons involuntarily committed, send to the national instant criminal background check system index, denied persons file, within three judicial days:
- A copy of the person's driver's license or identification card or comparable information.
- The date of commitment.
- The process in which the courts will report their prohibition notifications to the national system is currently being assessed by federal and state agencies.
- See Answer - Reporting Firearm Prohibition Orders
13. Electronic Juror Signatures
- Bill # - HB 1158.
- Summary - Permits the use of an electronic declaration and electronic signature to preliminarily determine whether a person summoned for jury duty is eligible to serve on a jury.
- Court Awareness - Allows jurors to respond to a summons on-line.
14. Deferred Prosecution Files
- Bill # - HB 1257.
- Summary & Court Awareness - Eliminates the requirement that Deferred Prosecution be segregated from all other court files.
- Bill # - E2SHB 1078.
- Summary & Court Awareness - Creates statutory standards for Exchange Facilitators operating under Internal Revenue Code Section 1031. Creates a new Class B Felony (section 13) and a new misdemeanor (section 14).
16. Protection of Animals in DVP Orders
- Bill # - HB 1148
- Summary - Pets are included under the term âpersonal effectsâ in protection orders. Courts may order exclusive custody or control of a pet to a petitioner, and prohibit the respondent from interfering with the petitionerâs efforts to remove the pet, or from coming within a specified location of the pet.
- Court Awareness â Protection order pattern forms will be updated to include pets. See Answer: Updated court forms for 2009 legislation.
17. Credit for Time Served on Supervised Community Options
- Bill # - HB 1361
- Summary & Court Awareness - Allows defendants convicted of nonviolent and non-sex offenses, with a sentence of one year or less, to receive credit for time served for time spent participating in county supervised community options before and after sentencing. The time spent may also be reduced by earned release credit consistent with local correctional facility standards.
- Bill # - HB 1426
- Summary & Court Awareness - Permits the use of USPS electronic return receipt delivery confirmation whenever a statute allows or requires the use of "certified mail with a return receipt requested."
19. Retail Store Restroom Access
- Bill # - ESHB 1138
- Summary & Court Awareness - Requires a retail establishment to allow a customer with certain medical conditions to use the employee restroom facility if certain medical conditions are met. The second and subsequent violation is a Class 2 Civil Infraction, effective July 26, 2009.
- Bill # - ESSB 5011
- Summary & Court Awareness - Prohibits the sale and distribution of novelty lighters. Civil penalties and injunctive relief may be requested through a Civil Order.
- District courts have jurisdiction over these cases.
- No additional Cause Code was created for these filings.
- Bill # - SB 5147
- Summary - The criminal libel statutes are repealed.
- Court Awareness - All criminal libel laws in JIS will be end dated as of July 26, 2009.
22. Truth in Music Advertising
- Bill # - SB 5284
- Summary - Allows for Civil Penalties to be requested via a civil lawsuit, for violation of the Truth in Music Advertising Law.
- Court Awareness -
- Superior and District courts both have jurisdiction to hear these civil cases.
- No additional Cause Code was created for these filings.
23. Signature not Required on Natural Resources Citations
- Bill # - SB 5298
- Summary and Court Awareness - Repeals the designation of failure to sign a Natural Resource Civil Infraction notice as a misdemeanor.
- Bill # - SSB 5402
- Summary and Court Awareness - Provides that when a court orders an offender to forfeit an animal as a result of a conviction for animal cruelty, the court shall also prohibit the offender from owning or caring for similar animals for the following time periods:
- Two years for a first conviction of 2nd degree animal cruelty.
- Permanently for a first conviction of 1st degree animal cruelty.
- Permanently for a second or subsequent conviction of animal cruelty.
- Persons with two convictions for 2nd degree animal cruelty may petition the sentencing court for a restoration of the right to own or possess a similar animal. Petition can be made 5 years after the date of the second conviction.
- Violations of court orders prohibiting the owning or caring of similar orders may result in an officer with a warrant removing the similar animal. The agency receiving custody of the animal may assume ownership upon seizure; the owner may not prevent the animal's destruction or adoption by petitioning the court or posting a bond.
25. Reclaimed Water Permitting
- Bill # - SSB 5504
- Summary and Court Awareness - Authorizes courts to issue injunctive relief relating to reclaimed water permitting and enforcement by the Department of Health and the Department of Ecology and authorizes courts to review administrative penalties. Establishes a new Gross Misdemeanor punishable with a fine of up to $10,000 and costs of prosecution and/or jail time of up to 365 days.
- Bill # - ESSB 5651
- Summary and Court Awareness - Regulates the number of dogs over the age of 6 months with intact sexual organs that one person can own, possess, have custody of or control. Also requires that a certain level of care be provided if a person legally owns 10 dogs over the age of 6 months with intact sexual organs.
- New Gross Misdemeanor for possessing Over 50 Dogs, effective January 1, 2010.
- New Gross Misdemeanor for Failure to Meet Minimum Care Standards for Breeding Dogs, effective January 1, 2010.
- Both laws will be added to JIS after session bills have been codified.
- Bill # - SSB 5574
- Summary and Court Awareness - Accessing data recorded or transmitted from a vehicle recording device by someone other than the owner, without the owner's permission is a Misdemeanor.
- New Misdemeanor will be added to JIS after the session bills have been codified.
- Information obtained from a vehicle recording device via court order or pursuant to discovery is private and confidential and is not subject to public disclosure.
28. Tattooing/Body Art and Piercing
- Bill # - SSB 5391
- Summary and Court Awareness - Requires tattoo artists and body piercers to be licensed by the state and adopts administrative regulations governing these professions. Adds a new Gross Misdemeanor for enforcement of the law.
- New Gross Misdemeanor: 09C41S4 - Body Pierce or Tattoo without a License.
- License denials may be appealed to the Superior Court.
29. Live Non-ambulatory Livestock
- Bill # - SB 5974
- Summary and Court Awareness- Amends the laws regarding transportation of live, non-ambulatory livestock. Allows for two civil infractions to be issued:
- New Non-traffic Infraction: 16.36.116.1 - Transport Undocumented Animals, effective 7/26/2009.
- New Non-traffic Infraction: 16.36.116.2 - Transport/Accept Delivery of Non-Ambulatory Livestock, effective 7/26/2009.
30. Tacoma Narrows Bridge Toll Penalty
- Bill # - SSB 5556
- Summary and Court Awareness - Currently, violations of failure to pay the required toll on the Tacoma Narrows Bridge are subject to a $40 infraction plus an additional toll penalty of three times the standard passenger car toll during peak hours ($4). Under this bill:
- The additional toll penalty shall not be waived.
- Any reduction ordered by the court on toll violations must be applied to the $40 infraction penalty only.
- New Cost Fee Codes created to receipt the reducible portion (NAR) and the non-reducible portion (TOL) of the total infraction penalty.
- Bill # - 1218
- Summary & Court Awareness - Removes the requirement that jail time for Contempt of Court cases be served in "County" jail. Incarceration for Contempt of Court can now be served in any facility.
See Also: eService Answer - 2009 Legislative Session eService Answers
RN id: 2096