Which laws passed during the 2011 Washington State Legislative session impact the superior courts and juvenile department, and how are they impacted?

A number of bills passed during the 2011 legislative session that impact the superior courts or juvenile departments. 

This answer contains:

  • The Bill number and a link to the complete text of the bill from the Washington State Legislature's Web site.
  • A brief summary of the changes or additions created by the bill.
  • Court action needed or court awareness addresses the specific system, code, law table, or form changes due to the bill.  Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
  • Effective date of the law.
  • Select the bill name in the table of contents below to advance directly to the details for the bill.  Click the "Return to TOC" link at the bottom of any bill section to return to the top of this answer.

Table of Contents

1. SHB 1051 - Trusts and Estates

2. SHB 1053 - Guardianship Taskforce

3. SSHB 1128 - Extended Foster Care

4. SHB 1145 - Stolen Mail

5. ESSHB 1206 - Harassment of a Criminal Justice Participant

6. SHB 1243 - Livestock Violations

7. ESSHB 1267 - Domestic Partners/Parentage

8. SHB 1453 - Shellfish Violations

9. HB 1455 - Firearm Restoration

10.SHB 1495 - Pirated Computer Programs/Software

11. SHB 1565 - DV Protection Order Modifications/Terminations

12. ESHB 1716 - Secondhand Metal Dealers

13. ESHB 1774 - Child Placement/Adopted Siblings

14. ESSHB 1789 - DUI Accountability

15. SHB 1793 - Juvenile Records

16. HB 1794 - Assault 3rd Definition Changes

17. ESHB 1864 - Collections

18. SHB 1874 - Sexual Exploitation of Children/Human Trafficking

19. SHB 2017 - Master License Program

20. ESSB 5021 - Election Campaign Disclosures

21. SSB 5023 - Immigration Services

22. SSB 5065 - Animal Cruelty

23. E2SSB 5073 - Medical Use of Cannabis

24. ESSB 5124 - Elections by Mail

25. SSB 5168 - Gross Misdemeanor Maximum Sentences

26. SSB 5203 - Sex and Kidnapping Offender Registration

27.  SSB 5204 - Juvenile Sex Offenders

28. SSB 5423 - Modifying LFO Provisions

29. SSB 5531 - Mental Health Commitment Reimbursement

30. SSB 5579 - Civil Harassment Actions

31. ESSB 5656 - Indian Child Welfare Act

32. SSB 5688 - Shark Finning

33. ESSB 5748 - Cottage Food Operations

34. SB 5941 - JST Surcharge Changes

35. SB 6379* - Vehicle and Vessel Registrations

*This bill was passed in the 2010 legislative session but the effective date of the provision affecting the courts is July 1, 2011.

1. Trusts and Estates

  • Bill # 1051
  • Summary - This bill allows the superior court to correct a will or trust to conform to the intent of the maker.  
  • Court awareness - Trust or will reformation actions would be filed using existing Case Type 4 cause codes, e.g., TRS or EST.  Notices required under RCW 11.96A.110 may be provided electronically, provided the third party receiving the notice has consented to receipt by electronic format. 
  • Effective: 1/1/2012

Return to TOC

2. Guardianship Taskforce

  • Bill # 1053
  • Summary - This bill sets new requirements for guardians or limited guardians to successfully complete any standardized training video or Web cast for guardians or limited guardians as made available by the AOC. 
  • Court awareness - The superior court can waive the requirement for good cause if the guardian was appointed prior to 7/22/2011 and meets the good cause guidelines set forth in the section.  The court can also extend the time period for completion of the training requirement.

    • A guardianship summary is required on the front page of the order appointing full or limited guardian and the order approving accounts or report.
    • The letters of guardianship form will have changes. 
    • The bill also changes some of the reporting requirements, but does not add a fee for filing of accounts/reports required under RCW 11.92.040(2).

  • Effective: 7/22/2011

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3. Extended Foster Care

  • Bill # 1128
  • Summary - This bill extends jurisdiction on dependency cases to 6 months after the juvenile reaches 18 years of age to allow for filing of extended foster services. 
  • Court awareness - Allows foster youth to continue receiving foster care services up to age 21 if the youth is participating in a secondary education or GED program;

    • Requires the court to postpone dismissal of a dependency for a youth who turns 18 while in foster care if the youth is enrolled in a secondary education or GED program. 
    • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective: 7/22/2011 

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4. Stolen Mail

  • Bill # 1145
  • Summary - This bill creates new laws to address mail theft.
  • Court awareness - Two new class C felony violations are added for Mail Theft and Possession of Stolen Mail. 

    • Every person who commits another crime while in the commission of a mail theft or while in possession of stolen mail may be prosecuted for each crime separately.

  • Effective: 7/22/2011

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5. Harassment of a Criminal Justice Participant

  • Bill # 1206
  • Summary - This bill amends the existing class C felony version of harassment RCW 9A.46.020(2)(b) to include harassment of a criminal justice participant performing his/her official duties at the time the threat is made, or because of an action taken/decision made by the criminal justice participant during the performance of his/her official duties. 
  • Court awareness - A criminal justice participant includes law enforcement employees, prosecuting attorneys or deputy prosecuting attorneys, adult corrections institution or local detention facility staff, juvenile corrections staff, community corrections officer, probation, parole officer, indeterminate sentence review board member, crime victim/witness program advocate, or defense attorney. 

    • Any criminal justice participant and their family members residing with them can utilize the address confidentiality program.

  • A new class C felony was added - Harassment of a criminal justice participant.

    • Until the law is codified, enter these violations using:  11C64S1.2BIII

  • Effective: 7/22/2011

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6. Livestock Violations

  • Bill # 1243
  • Summary - This bill provides additional recourse for crimes against animals belonging to another person.
  • Court awareness - Persons whose livestock is killed or harmed in violation of statutes may bring a civil action against the person(s) committing the act.  A new class C felony is added to the law table:

    • Class C felony - Unlawful to, with malice, kill or cause substantial bodily harm to livestock belonging to another person.

  • Effective: 7/22/2011

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7. Domestic Partners/Parentage

  • Bill # 1267
  • Summary - This bill amends the Uniform Parentage Act to, among other things, change the term paternity to parentage in almost every "paternity" or dissolution-related statute.  It also changes the terms mother and father to parent, spouse, or domestic partner in those same statutes.
  • Court awareness/action - This bill adds a provision that the child must be made a party to the action on certain parentage proceedings, if the action is commenced more than two years after the birth of the child.  It also requires a number of system-related changes in order to change the term "Paternity" to "Parentage" throughout SCOMIS and JIS.

  • Effective: 7/22/2011

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8. Shellfish Violations

  • Bill # 1453
  • Summary - This bill requires certification of growing areas where shellfish are harvested in commercial quantity or for sale for human consumption in order to protect public health.
  • Court awareness - 
  • A class C felony was added for s
  • upervising, managing, harvesting, shucking, packaging, shipping, brokering, purchasing for retail, or offering shellfish for purchase if the individual's license is revoked, denied, or suspended. 

  • Effective: 7/22/2011

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9. Firearm Restoration

  • Bill # 1455
  • Summary - This bill changes where a person can petition to restore a right to possess firearms.  A person may file the petition either in the court of record that ordered the prohibition or in the superior court in the county in which the petitioner resides. 
  • Court action - County Clerks must keep a record of the number of petitions filed for restoration of the right to possess a firearm under chapter 9.41 RCW and the outcome of those petitions.  To help track these numbers, two new docket codes were created:

    • PTFRARM - Petition for Restoration of Right to Possess a Firearm.
    • ORDYF - Order Denying Right to Possess a Firearm.

  • The firearm notifications in the judgement and sentence forms and in any notice of ineligibility to possess a firearm form were updated to reflect the changes relating to the court in which the peition may be filed.  All updated forms are posted on the Washington State Court Forms page of www.courts.wa.gov

    Effective: 7/22/2011

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10. Pirated Computer Programs/Software

  • Bill # 1495
  • Summary - This bill addresses the use of stolen or misappropriated information technology to manufacture products sold or offered for sale in Washington State.
  • Court awareness - A person found to have manufactured an article or product while using stolen or misappropriated information technology is subject to a civil action filed by the attorney general or a private plaintiff.  Upon an entry of a judgment against the defendant(s), a claim of action may be added to the original claim against a third party who sells the products made with the stolen information technology.  Damages to the third party are limited.
  • These actions can be filed as a Case Type 2 - Civil filing, using the existing Cause Code MSC - Miscellaneous.
  • Effective: 7/22/2011

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11. DV Protection Order Modifications/Terminations

  • Bill # 1565
  • Summary - This bill requires respondents to permanent domestic violence protection orders and orders issued for a period of greater than two years to submit an affidavit setting forth relevant facts when filing a motion to modify or terminate an order, and requires the court to review the affidavits prior to granting a hearing on a motion. It prohibits the modification or termination of permanent domestic violence protection orders and orders issued for a period of greater than two years by a motion of a respondent unless the respondent proves by a preponderance of the evidence that it is warranted or he or she will refrain from acts of domestic violence.  Allows courts to require respondents to pay the costs and attorneys fees of petitioners.
  • Court action - This bill does not require any changes to the existing modification or termination of orders or motion hearing processes in JIS, however two new SCOMIS Docket Codes were created for documenting the motion and order:

    • RMTMT2 - Respondent's Motion Modify/Terminate [Order Effective Over] Two Years.
    • ORGRMT2 - Order Granting Respondent's [Motion to] Modify Terminate [Order Effective Over] Two Years.

  • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 7/22/2011

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12. Secondhand Metal Dealers

  • Bill # 1716
  • Summary - This bill establishes standards as to transactions involving gold and other precious metals to help protect legitimate owners, consumers, and second hand metal dealers by implementing stricter standards relating to transactions.
  • Court awareness - Four new laws were added in this bill; three gross misdemeanors and one class C felony.

    • Gross misdemeanors:

      • Knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under sec 3-6 and sec 9 of this act.
      • Receive any precious metal property from any person known as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within 10 years.
      • Knowingly violate any other provision relating to precious metals under sections 3-6 or sec 9 of this act.

    • Class C felony:

      • Second hand precious metal dealer to commit a second or subsequent violation of subsection (1) [the gross misdemeanor violations].

  • Effective: 7/22/2011

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13. Child Placement/Adopted Siblings

  • Bill # 1774
  • Summary - This bill recognizes adopted siblings and half siblings as relatives and adoptive parents of siblings or half siblings as suitable persons for child placement needs in adoption and dependency proceedings.
  • Court awareness - This bill allows DSHS to consider placing a child in a dependency matter with the person with whom the child's sibling or half-sibling resides or is adopted by, upon approval of the court.  Additional changes:

    • Allows a child to petition to reinstate a previously terminated parent's rights if the permanency plan has not been sustained and three years have passed since the final order of termination. 
    • Allows the court, in an adoption proceeding involving a dependent child and a minor parent to rely on certain reports from the guardian ad litem or the attorney representing the minor parent in the dependency proceeding.
    • Allows the court to order the parties in adoption proceedings to pay the guardian ad litem or attorney instead of the county.
    • Provides a definition for the term "Investigator" for the purposes of family law cases and requires investigators who are not supervised by a guardian ad litem or CASA to comply with training requirements.
    • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective: 7/22/2011

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14. DUI Accountability

  • Bill # 1789
  • Summary - This bill makes several changes to sanctions for persons driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug.
  • Court awareness/action - There are two groups of changes that will impact the court; each has its own effective date.

    • July 22, 2011 changes:

      • A new section was added to RCW 2.28 to allow DUI Courts to be set up in the same manner that Mental Health Courts and Drug Courts are set up.
      • The BAC Fee imposed on all DUI-related charges has increased from $125 to $200 on all adult or juvenile offenders.  

          *$175 of the fee is distributed as follows:

                   40% is split between the state (32%) and local (68%) funds

                   60% is split between the Death Investigations Account (15%) and

                   the State Patrol Highway Account (85%).

          * $25 of the fee goes to the Highway Safety Account for grants to fund programs, including the DUI Courts.

          * If reduced, distributions are made proportionately. * $175 of the fee goes to the same splits previously imposed.
      • A minimum standard has been set up for all VIP programs in WA.
      • The court forms have been updated and are posted on the Washington State Court Forms Forms page of www.courts.wa.gov.
      • See also eService Answer:
      • Receipting breath test fees after the 2011 legislative session .

    • September 1, 2011 changes:

      • This bill modifies the sentencing requirements on certain violations that originated as a DUI-related charge.
      • Ignition Interlock is now required for 6 months on sentences of Reckless Driving and Negligent Driving if the charge originated as a DUI and the person had one or more prior offenses in the past 7 years.
      • Ignition Interlock is also required on DUI-related Deferred Prosecutions.
      • A Vehicle Homicide that occurred while the defendant was under the influence shall require the additional 2 years confinement to be served in total confinement and shall run consecutively to all other sentencing provisions.
      • Prior Offenses on DUI and Physical Control charges were amended to include RCWs 46.61.520 and 46.61.522 if the original charge was committed while under the influence.

  • Effective: 7/22/211 and 9/1/2011

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15. Juvenile Records

  • Bill # 1793
  • Summary - This bill amends certain laws and creates a task force to address access to juvenile records in an attempt to balance the rehabilitative and reintegration needs of an effective juvenile justice system with the public's need to access personal information for public safety and research purposes.
  • Court awareness - 

    • Consumer reporting agencies cannot make a report containing juvenile records as defined in RCW 13.50.010(1)(c), when the subject of the record is 21 years of age or older at the time of the report.  These records are not included in the exceptions allowed for credit transactions over $50,000, life insurance, or employment as are other restricted reporting items. 
    • The bill creates a joint legislation task force to determine a cost-effective method to restrict public access to juvenile records without requiring the juvenile to motion to seal the records.

  • Court action -

    • A new section is added to RCW 13.50.050 that states that if a juvenile receives a full and unconditional pardon the person can treat the incident as if it never occurred.

      • The records of the incident must be kept confidential and no information about the existence or nonexistence of the records can be given.  
      • Any records held in the offices of law enforcement, courts, and prosecutors' offices must be destroyed automatically within 30 days of being notified of the pardon.
      • The term "automatically" does not refer to a system-generated process to automate the destruction of these records.
      • This new section is to be applied retroactively as well as prospectively.

  • Effective: 7/22/2011

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16. Assault 3rd Definition Changes

  • Bill # 1794
  • Summary - This bill adds court-related employees to the Assault 3rd statute.
  • Court awareness - Makes assault of a judicial officer, court-related employee, or county clerk who was performing his or her duties at the time of the offense, an Assault in the third degree offense.

    • The term "court-related employee" includes bailiffs, court reporters, judicial assistants, court managers, court managers' employees, and any other employee, regardless of title, who is engaged in equivalent functions.

  • Effective: 7/22/2011

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17. Collections

  • Bill # 1864
  • Summary - This bill amends the laws regarding debt collection.
  • Court awareness - Changes exemptions from execution, attachment, and garnishment.
  • A new section was added that allows a collection agency to submit an affidavit or request (pursuant to chapter 6.32 RCW) asking a superior or district court to transfer a bond posted by a debtor subject to a money judgment to the licensee (collection agency) when the debtor has appeared as requested.  In other words, bail posted by the defendant can be sent to the collection agency instead of returning the amount to the defendant if requested by the collection agency and approved by the judge.
  • The bill also changes the description of how much property and money a person can retain when debts are owed to a state agency.  

    • Until January 1, 2018 - for debts owed to state agencies, $200 in value retained by the debtor may consist of bank accounts, savings, stocks, bonds, and other securities.  
    • For all other debts, and for all debts after January 1, 2018, the amount is $500.  
    • The Notice of Garnishment and of Your Rights form set out in the statute is amended to include the effective dates:  

      - Section 5 of the bill is the version that takes effect July 22, 2011. 

      - Section 6 of the bill is the version that takes effect January 1, 2018.

  • If a person who owes a debt requests the collection agency provide them with the name of the original creditor to whom the claim is owed, the original account number, or the date of last payment to the creditor, the collection agency or agent must cease all efforts to collect the debt until the information is provided.

  • Effective: 7/22/2011 (Except for Section 6 which is effective 1/1/2018)

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18. Sexual Exploitation of Children/Human Trafficking

  • Bill # 1874
  • Summary - This bill changes sections of Title 9.73 RCW related to intercepting, transmitting, or recording conversations.
  • Court awareness - Permits law enforcement to record a communication with one party's consent if there is probable cause to believe the communication involves Commercial Sexual Abuse of a Minor, Promoting Commercial Sexual Abuse of a Minor, or Promoting Travel for Commercial Sexual Abuse of a Minor.

  • Effective: 8/1/2011

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19. Master License Program

  • Bill # 2017
  • Summary - This bill transfers the master license service program from the Department of Licensing to the Department of Revenue.
  • Court awareness - The bill changes the process used for collection of unpaid manufactured/mobile home community registration assessments and delinquency fees.  

    • Courts will no longer receive civil actions on these matters.
    • The Department of Revenue will instead file a Tax Warrant with the county clerk.  The tax warrant filing fee applies.  The clerk must create a judgment for the warrant as it becomes a lien on the real and personal property of the manufactured/mobile home community owner.  As this process already exists for the Department of Revenue to use, there are no changes to JIS to implement the change.

  • One new misdemeanor is added in this bill for improperly disclosing license information.

  • Effective: 7/1/2011

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20. Election Campaign Disclosures

  • Bill # 5021
  • Summary - This bill enhances election campaign disclosure.
  • Court awareness - Three new laws were added to help enforce the changes to the campaign disclosure requirements.

    • A new misdemeanor - violating this provision of this chapter with malice (Election Campaign Disclosure Violation with Malice).
    • A new gross misdemeanor for with malice, violating three or more provisions of this chapter within a 5 year period (3 or More Election Campaign Disclosures within 5 years).
    • And a new class C felony for someone that procures or offers any false or forged document to be filed, registered, or recorded with the commission - with malice.

  • Effective: 1/1/2012

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21. Immigration Services

  • Bill # 5023
  • Summary - This bill regulates legal advice and services provided in immigration matters.
  • Court awareness - Persons injured by those unlawfully practicing law or requiring payment for instruction or assistance on immigration issues may file a civil action to recover actual damages or $1000, whichever is greater.
  • These actions can be filed as a Case Type 2 - Civil filing, using the existing Cause Code MSC - Miscellaneous.

  • Effective: 10/20/2011

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22. Animal Cruelty

  • Bill # 5065
  • Summary - This bill adds new laws and modifies a few existing laws related to the prevention of animal cruelty.
  • Court awareness - Animal Control Officers now have the power to issue citations based on probable cause to offenders for civil infractions in addition to the misdemeanor and gross misdemeanor violations authorized by the RCW (16.52.015).

    • Two new Non-Traffic Infractions and one new gross misdemeanor are added to RCW 16.52.200 for violations of probation on owning, caring for, or residing with similar animals.

      • 1st offense: Non-Traffic Infraction with a penalty of $1000.
      • 2nd offense: Non-Traffic Infraction with a penalty of $2000.
      • 3rd offense: gross misdemeanor violation.

    • The existing law of Animal Cruelty 2nd (RCW 16.52.207) is changed from a misdemeanor to a gross misdemeanor.

  • Effective: 7/22/2011

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23. Medical Use of Cannabis

  • Bill # 5073
  • Summary - This bill modifies certain statutes that address the medical use of cannabis.
  • Court awareness -  

    • Patients and providers of medical use cannabis will be allowed an affirmative defense for use at trial for alleged violations of exceeding the limits set forth in RCW 69.51A.040(1) or for not presenting valid documentation showing they are qualified patients or providers of medical use cannabis.  
    • Additionally, qualifying patients or providers cannot have parental rights or residential time restricted solely due to the use of cannabis if in compliance with this chapter, absent written findings that use has resulted in long-term impairment that interferes with the parenting functions.

  • Effective: 7/22/2011

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24.  Elections by Mail

  • Bill # 5124
  • Summary - This bill changes elections to an all mail-in process and eliminates the language for using polling locations.
  • Court awareness - This bill changes the definitions of a few existing class C felony violations by removing the references to polling places and absentee ballots. 

  • Effective: 7/22/2011

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25. Gross Misdemeanor Maximum Sentences

  • Bill # 5168
  • Summary - This bill reduces the maximum sentence on a gross misdemeanor.
  • Court awareness - All RCWs defining the penalties for gross misdemeanors have been changed from a maximum sentence of 365 days to a term of up to 364 days.  The fine portion of the maximum sentence has not been changed.

  • Effective: 7/22/2011

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26. Sex and Kidnapping Offender Registration

  • Bill # 5203
  • Summary - This bill modifies the sex and kidnapping offender registration laws in an attempt to improve the administration and efficiency of the registration.
  • Court awareness -

    • The law enforcement agency time period to notify the public changes from "14 days before the offender is released" to "within a reasonable period of time after the offender registers with the agency."
    • The definition of "Sex Offense" was modified to include military convictions for a sex offense and convictions in foreign countries for a sex offense.
    • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective: 7/22/2011

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27. Juvenile Sex Offenders

  • Bill # 5204
  • Summary - This bill modifies the sex or kidnapping offender registration requirements for juvenile offenders and allows records for most juvenile sex offenses to be sealed when relief from the duty to register is granted and all other statutory requirements are met.
  • Court awareness - Juvenile offenders that have committed a class A felony sex or kidnapping offense at the age of 15 years or older can petition the court to be relieved of duty to register five years after release from confinement.  Juvenile offenders that committed a class A felony sex or kidnapping offense at the age of 14 years or younger and juveniles who have committed non-class A felony sex or kidnapping offenses may petition the court to be relieved from the duty to register two years after being released from confinement.
  • Courts can now impose a special sex offender disposition alternative, so long as the sex offense is not a serious violent offense defined by RCW 9.94A.030 and the offender has no history of a prior sex offense.  

    • The existing deferred sentence codes can be used to document this alternative sentence.

  • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective:  7/22/2011

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28. Modifying LFO Provisions

  • Bill # 5423
  • Summary - This bill modifies the legal financial obligation (LFO) provisions.
  • Court awareness - 

    • The requirement for the AOC to send LFO statements is changed from a monthly billing to a "periodic" billing.
    • Judgments liens resulting from a criminal sentence for a crime committed after 7/1/2011, will remain in effect until the judgment is fully satisfied. 
    • The county clerk may issue a notice of debt and enforce an order to withhold and deliver property in an effort to collect an LFO.
    • On motion of a defendant, the court may waive the interest that accrued on the non-restitution portion of the LFO during total confinement.  Interest on the restitution portion may be waived if the principal has been paid in full.
    • The definition of "good faith effort to pay" is changed.  The offender must make at least 15 monthly payments within an 18-month period.
    • A new SCOMIS Docket Code has been approved:

      • ORWILFO - Order Waiving LFO Interest.

    • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.


  • Effective: 7/22/2011

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29. Mental Health Commitment Reimbursement

  • Bill # 5531
  • Summary - This bill allows counties to seek reimbursement of direct costs of providing judicial services related to involuntary commitments.  The reimbursement rate is based on an average of actual expenditures within the county over the past three years.
  • Court awareness - The funds reimbursed by the state must be expended for other purposes that further treatment for mental health and chemical dependency disorders.  This portion of the bill takes effect on 7/1/2012.

    • Courts are prohibited from imposing a filing fee civil commitment cases subject to reimbursement.

  • Effective: 7/1/2012

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30. Civil Harassment Actions

  • Bill # 5579
  • Summary - This bill modifies the laws directing how civil actions for harassment are handled.
  • Court awareness - District courts shall have original jurisdiction on civil  harassment filings.  Municipal courts can opt to exercise jurisdiction by adopting procedures through local court rules.  District or municipal courts must transfer a civil action to the superior court in any of the following situations:

    • When the respondent to the petition is under 18 years of age.
    • When the action involves title or possession of real property.
    • If the superior court exercised jurisdiction over a proceeding involving the parties.
    • If the action would interfere with the respondent's care, control, or custody of the respondent's minor child.

  • The definition of the term "course of conduct" in harassment cases is amended specifically to exclude constitutionally protected free speech.
  • When granting a temporary or full anti-harassment order, the court shall not:

    • Prohibit constitutionally protected free speech.
    • Prohibit the respondent from real property they have a claim to unless a separate action commenced under chapter 26.09 RCW.
    • Limit the respondent's right to care, control, or custody of a minor child unless that order is issued under 13.32A, 26.09, 26.10, or 26.26 RCW.

  • The bill also modifies the definition of a violation of the order to include orders issued under an equivalent local ordinance. 
  • Additionally, this bill grants the court the ability to consult JIS to determine criminal history or to look for other pending proceedings involving the parties, prior to granting an order.
  • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.

  • Effective: 7/22/2011

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31. Indian Child Welfare Act

  • Bill # 5656
  • Summary - This bill establishes a state Indian Child Welfare Act similar to the federal ICWA.
  • Court awareness - The state Indian Child Welfare Act will apply to child custody proceedings, which are defined as proceedings to determine:

    • Foster care placement.
    • Terminations of parental rights.
    • Pre-adoptive placements.
    • Adoptive placements.

  • The court forms have been updated and are posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Court action - Two new docket codes will be available to document when an order granting the motion to transfer the case to a tribal court is signed and when a response is received from the tribal court on the transfer order.  The docket codes to be used are:

    • ORGTC - Order Granting Transfer to Tribal Court.
    • RSPT - Response from Tribal Court to Transfer.

  • Effective: 7/22/2011

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32. Shark Finning

  • Bill # 5688
  • Summary - This bill prohibits certain shark finning activities.
  • Court awareness - Two new violations of Unlawful Trade in Shark Fins are added by this bill. 

    • 1st degree is a class C felony violation.
    • 2nd degree is a gross misdemeanor.

  • Effective: 7/22/2011

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33. Cottage Food Operations

  • Bill # 5748
  • Summary - This bill modifies the laws pertaining to the production of food products made in a home kitchen where a person who produces the products primarily resides.
  • Court awareness - The department of health is authorized to inspect the permitted cottage foods operation in a private residence.  If access is denied, the department of health may obtain a search warrant from the court. 
  • Two new laws were added to enforce the cottage food operations laws:

    • A new misdemeanor is added for engaging in cottage food operation without a valid permit or violating any provisions of this chapter or any adopted rule under this chapter.  
    • A second or subsequent violation is a gross misdemeanor unless committed more than five years after the previous conviction.

  • Effective: 7/22/2011

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34. Judicial Stabilization Trust Account Surcharge

  • Bill # 5941
  • Summary - This bill modifies the Judicial Stabilization Trust Account (JSTA) surcharge by changing the sunset date from July 1, 2011 to July 1, 2013.  It also changes the distribution of the JSTA surcharge, allowing the counties to keep 25% of each surcharge receipted.
  • Court awareness - A new Cost Fee Code of JSS - Judicial Stabilization Surcharge - SC was created for the superior courts to receipt just the surcharge.

    • The JRS Codes that have the JSTA surcharge have been modified to allow for the surcharge to be split.  The changes were in effect as of 7/1/2011.

  • Court action - Courts were instructed to update their DCXT Table entries prior to the 7/1/2011 effective date to include the new BARS Codes and Subaccounts.    

  • Effective: 7/1/2011 

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35. Vehicle and Vessel Registrations

  • Bill # 6379*
  • Summary - This bill reorganizes the vehicle and vessel title and registration statutes.
  • Court awareness - A person that is unable to provide satisfactory evidence of ownership of a vehicle can apply for ownership in doubt or petition any district or superior court of any county in this state to receive a judgment awarding ownership of the vehicle.

    • A person who has or has held an interest in a vehicle in doubt for a three-year ownership period, may petition any district or superior court of any county in this state to receive a judgment either awarding ownership of the vehicle or to be compensated for any expense, loss, or damage, including reasonable attorneys' fees.  
    • The total claim must not be more than the amount of the bond if a bond has been filed with the department.
    • These actions can be filed as a Case Type 2 - Civil filing, using the existing Cause Code MSC - Miscellaneous.

  • See also: Petitions for Vehicle Ownership - Overview document attached to the bottom of this answer.  This document provides the legal analysis completed by AOC staff regarding this bill as well as detailed background information that will help the courts when processing these filings.

  • Effective: 7/1/2012

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See Also:  2011 Legislative changes impacting Courts of Limited Jurisdiction (eService Answer)


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