Which laws passed during the 2010 Washington State Legislative session impact the superior courts and juvenile department, and how are they impacted?
A number of bills passed during the 2010 legislative session that impact the superior courts or juvenile departments. Bills that affect JIS, SCOMIS, JCS, the online documentation, or forms are listed below.
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 action needed or court awareness addresses the specific system, code, 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 that bill, if applicable.
- Effective date of the law.
- A table of contents that contains hyperlinks to each bill section within the answer. Click on the bill name to advance directly to that section of the answer. Click the table of contents link within any bill section to return to the top of the answer.
1. ESHB 2424 - Sexual Exploitation of Children
2. ESHB 2518 - Interpreter Oaths
3. SHB 2534 - Verifying Addresses of Registered Sex and Kidnapping Offenders
4. SHB 2680 - Implementing a Guardianship Program
5. HB 2735 - Children in Dependencies
6. ESHB 2777 - Domestic Violence Provisions
7. SHB 2789 - Underground Economic Activity
8. SHB 3016 - Child Support Orders
9. SSB 6192 - Juvenile Case Restitution
10.SSB 6395 - WA Act Limiting Strategic Lawsuits Against Public Participation
11. SSB 6414 - Offender Registration Improvements
12. SSB 6470 - Indian Children in Dependency Matters
13. ESSB 6476 - Sex Crimes Involving Minors
14. SSB 6548 - Suspending Parole, Probation
15. SSB 6561 - Juvenile Offender Records - Access
16. SSB 6610 - Commitment Procedures
17. SSB 6639 - Confinement Alternatives for Nonviolent Offenders
18. E2SSB 6696 - Education Reform
1. Sexual Exploitation of Children
- Bill # ESHB 2424
- Summary - This bill amends the statutes relating to protecting children from sexual exploitation and abuse by creating new offenses, modifying the definition of "predatory" for purposes of sentencing, and creates affirmative defenses for individuals assisting in law enforcement investigations, legislation, and higher education on this issue.
- Court awareness - The Pattern Forms Committee reviewed the felony Judgment and Sentence forms for possible impacts. It was determined that no changes were necessary.
- Effective: June 10, 2010
- Bill # ESHB 2518
- Summary - Certified or registered interpreters will now take an oath upon certification or registration and every two years thereafter, and may forgo taking the oath at the beginning of each interpreting session. All non-certified and non-registered interpreters must still take the oath before beginning to interpret each session.
- Court Awareness - The Pattern Forms Committee revised the interpreter declarations on the felony Judgment and Sentence forms. The committee also prepared proposed amendments to the CrR 4.2(g) and JuCR 7/7 Guilty Plea forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
3. Verifying Addresses of Registered Sex Offenders and Kidnapping Offenders
- Bill # SHB 2534
- Summary - This bill establishes a program to verify the addresses of registered sex offenders and kidnapping offenders.
- Court Awareness - The Pattern Forms Committee prepared proposed amendments to the "Offender Registration" attachment for the CrR 4.2(g) and JuCR 7.7 Guilty Plea forms, and updated the "Offender Registration" attachment in the felony and misdemeanor Judgment and Sentence forms. The committee also prepared a separate "Offender Registration" attachment for use with the juvenile offender Order on Adjudication and Disposition. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
4. Implementing a Guardianship Program
- Bill # SHB 2680
- Summary - This bill creates a new chapter in Title 13 setting forth a process for the establishment, modification, and termination of guardianships for children in foster care.
- Court Awareness - Dependency guardianships are removed as a future permanency option for children in foster care. Existing dependency guardianships may continue or may be converted by the court to a guardianship under the new chapter.
- The Pattern Forms Committee drafted a set of Title 13 RCW Guardianship forms and updated other mandatory Dependency pattern forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- See eService Answer ID: Guardianships for children in foster care - 2010 legislation.
- AOC recommends that affected users subscribe to the option to be notified when the eService Answer is updated.
- Effective: June 10, 2010
- Bill # HB 2735
- Summary - This bill modifies the Dependency statutes to require DSHS, CASA, and the child's guardian ad litem to each notify a child of his or her right to counsel, and inquire if they wish to have counsel, immediately after the date of the child's 12th birthday, assignment of a case involving a child age 12 or older, or on July 1, 2010 for a child that turned 12 prior to that date.
- Court Awareness - The Pattern Forms Committee revised the mandatory Dependency pattern forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
6. Domestic Violence Provisions
- Bill # ESHB 2777
- Summary - This bill amends the domestic violence statutes concerning the age of persons seeking a domestic violence order and regarding the standard sentencing ranges on domestic violence charges. It also orders policies and procedures to be developed related to domestic violence orders.
- Court Awareness - Multiple changes and additions will occur due to this bill:
- Persons 13 years of age or older may seek relief by filing a petition for a domestic violence order if the respondent is 16 years of age or older. Anyone under the age of 16 must seek relief by a parent, guardian, guardian ad litem, or next friend.
- Domestic violence orders restraining a respondent from harassing the petitioner or victim now includes restraint from harassing, following, keeping under physical or electronic surveillance, cyber-stalking, or using electronic means to monitor the actions, location, or communication of the victim, their family, or members of their household. The provision includes the use of wire and electronic communications.
- The court may impose a sentence outside the standard range if it finds there are substantial and compelling reasons justifying an exceptional sentence. Mitigating circumstances now include if the current offense involved domestic violence and the defendant suffered a continuing pattern of coercion, control, or abuse by the victim in the offense. This may be considered if the offense is the response to that coercion, control, or abuse.
- The jurisdiction on a domestic violence offense in all courts is now up to 5 years after the imposition of sentence.
A person who has rights to control the remains of an individual, who is then arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death, relinquishes the control of the remains. - The AOC is to develop workgroups to address several changes in forms, guidelines, policies, and procedures related to protection orders and the transmission of information regarding revocation of concealed pistol licenses.
- The Pattern Forms Committee updated the Law Enforcement Information Sheet and the domestic violence forms and instructions. The committee added new instructions for filling out the LEIS to relevant instructions for the Sexual Assault Protection Order and Vulnerable Adult Protection Order forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
7. Underground Economic Activity
- Bill # SHB 2789
- Summary - This bill authorizes the issuance of a subpoena for the purposes of agency investigations of underground economic activity.
- Court Awareness - These subpoenas will need to be recorded using the Document Indexing application as there is no case involved. The existing codes MTAF - Motion and Affidavit and ORAU - Order Authorizing can be utilized to index the application and the signed order authorizing the subpoena. The instructions and codes available for the Document Indexing application are available from the Administrative Tasks page of the JIS Online Manual.
- Effective: June 10, 2010
- Bill # SHB 3016
- Summary - This bill establishes provisions for DSHS to file an action to modify or adjust child support orders in public assistance and non-assistance cases when certain conditions are met.
- Court Awareness - The Pattern Forms Committee revised the Petition for Modification and Motion for Adjustment of Child Support forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
- Bill # SSB 6192
- Summary - This bill provides for the modification of the disposition order concerning restitution for juvenile cases for up to 10 years after the juvenile's 18th birthday.
- Court Awareness - The Pattern Forms Committee revised the Order on Adjudication and Disposition. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
10. Washington Act Limiting Strategic Lawsuits Against Public Participation
- Bill # SSB 6395
- Summary - This bill addresses lawsuits aimed at chilling the valid exercise of the constitutional rights of speech and petition.
- Court Awareness - New sections were added to the civil procedure statutes regarding lawsuits against public participation and petition. Changes include:
- A party may bring a special motion to strike any claim that is based on an action involving public participation and petition.
- A special motion to strike may be filed within sixty days of service of the most recent complaint. A hearing shall be held no later than thirty days after the service of the motion.
- Every party has a right of expedited appeal from a trial court order on the special motion, or from a trial court's failure to rule on the motion in a timely fashion.
- A party who prevails on a special motion to strike will be awarded costs of litigation, reasonable attorney's fees, and $10,000.
- Effective: June 10, 2010
11. Offender Registration Improvements
- Bill # SSB 6414
- Summary - This bill improves the administration and efficiency of the Washington State Sex and Kidnapping Offender Registration program.
- Court Awareness - The Pattern Forms Committee prepared proposed amendments to the "Offender Registration" attachment for CrR 4.2(g), and JuCR 7.7 Guilty Plea forms, and updated the "Offender Registration" attachment in the felony and misdemeanor Judgment and Sentence forms. The committee also prepared a separate "Offender Registration" attachment for use with the juvenile offender Order on Adjudication and Disposition. Additionally a Petition for Relief from the Duty to Register / Exemption from Community Notification was drafted. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
12. Indian Children Dependencies
- Bill # SSB 6470
- Summary - This bill modifies the burdens of proof required in dependency matters affecting an Indian child.
- Court Awareness - The Pattern Forms Committee updated the mandatory Dependency pattern forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
13. Sex Crimes Involving Minors
- Bill # ESSB 6476
- Summary - This bill revises the statutes relating to sex crimes involving minors.
- Court Awareness - Multiple sections were changed due to this bill:
- The definition of a "sexually exploited child" was added.
- A new section is added to chapter 13.32A RCW that requires a youth that has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering to be connected with the services and treatment specified in RCW 74.14B.060 and 74.14B.070, within available funding.
- A minor charged with crimes related to commercial sexual abuse of a minor (RCWs 9.68A.100, 9.68A.101, or 9.68A.102) is considered a victim of a criminal act for the purpose of the rights to crime victim benefits.
- The language regarding diversions on prostitution and prostitution loitering charges under RCW 13.40.213 was amended to state that the allegation being diverted would not be the juvenile's first offense if the allegation were proved.
- Law enforcement can impound a vehicle upon arrest of a suspect that owns a vehicle suspected to have been used in the commission of a crime related to commercial sexual abuse of a minor. The impounding agency must collect a fine of $2,500 prior to allowing the vehicle to be redeemed. The fine is to be deposited by the impounding agency into the prostitution prevention and intervention account.
- Effective: June 10, 2010
14. Suspending Probation or Parole
- Bill # SSB 6548
- Summary - This bill allows for suspending the parole or probation of an offender who is charged with a new felony offense in certain conditions.
- Court Awareness - The Pattern Forms Committee will check for possible impacts to the felony Judgment and Sentence forms. Watch for future communication related to form updates due to legislation.
- Effective: June 10, 2010
15. Juvenile Offender Records Access
- Bill # SSB 6561
- Summary - This bill modifies the statute relating to sealing juvenile offender records.
- Court Awareness - Class A offenses filed on or after July 1, 1997 can be ordered to be sealed if the requirements defined in RCW 13.50.050(12)(a) are met and the juvenile has not been convicted of a sex offense. Similar requirements are defined under RCW 13.50.050(12)(b) to regulate the sealing of Class B and Class C felonies, as well as gross misdemeanor and misdemeanor offenses and diversions.
- The provision for permitting inspection of, or release of, sealed records for clinics, hospitals, treatment agencies, committees, and legitimate research was redacted from RCW 13.50.010(8).
- The definition of "adjudication" was modified to state that it has the same meaning as "conviction" but only for the purpose of sentencing under chapter 9.94A RCW.
- CAUTION: The change in definition of "adjudication" alters the statutes regarding sealing records. To seal records of a Class B felony, Class C felony, a gross misdemeanor or a misdemeanor, the respondent must spend two consecutive years in the community without committing any offense or crime that has resulted in a conviction and must not have been convicted of a sex offense. "Conviction" no longer has the same meaning as "adjudication" and "convicted" no longer has the same meaning as "adjudicated."
- The Pattern Forms Committee revised the Motion to Seal Juvenile Court Records and the Advice of Rights re Juvenile Records forms. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
- Bill # SSB6610
- Summary - This bill modifies the procedures relating to the commitment of persons found not guilty by reason of insanity.
- Court Awareness - The Secretary of DSHS can apply to the court for the conditional release, or petition the court for the release of a person committed to a state hospital facility, where reasonable grounds exist and the person has not made such an application or petition on their own behalf. The court is permitted to deny the petition for release where the court finds that the petitioner suffers from a mental disease that is in remission.
- Effective: June 10, 2010
17. Confinement Alternatives for Nonviolent Offenders
- Bill # SSB6639
- Summary - This bill creates alternatives to total confinement for nonviolent offenders with minor children.
- Court Awareness - The Pattern Forms Committee drafted a Felony Judgment and Sentence - Parenting Sentencing Alternative form and an Order for Pre-Sentence Chemical Dependency Screening Report for Parenting Sentencing Alternative. The committee also drafted a proposed amendment to the CrR 4.2(g) Guilty Plea - Non-Sex Offense form. Please watch for the updated forms and for the sumaries of changes on www.courts.wa.gov/forms. You can also subscribe to the AOC Notification Service available from the Court Forms web site. An e-mail notification will be sent out whenever court forms are revised or added to the web site.
- Effective: June 10, 2010
18. Education Reform
- Bill # - E2SSB 6696
- Summary - This bill provides a new authority and process for the Superintendent of Public Instruction (SPI) and the State Board of Education (SBE) to enact an accountability system.
- Court Awareness - This creates a new cause of action in the superior court that has very specific filing and ruling dates.
- See eService Answer ID: Entering Education Reform Cases 2010
- Effective: June 10, 2010
RN id: 2155