Which laws passed during the 2012 Washington State Legislative session impact the superior courts and juvenile department, and how are they impacted?


A number of bills passed during the 2012 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 section 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 Top" link at the bottom of any bill section to return to the top of this answer.

TABLE OF CONTENTS

Garnishment

  • Bill # 1552
  • Summary -Modifies service procedures, changes and clarifies exemptions, and changes statutory forms 
  • Court awareness -The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 6/7/2012

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Electronic Impersonation

  • Bill #1652
  • Summary - Allows a civil action to be brought for invasion of privacy for intentionally impersonating another person on a social networking site or online bulletin board for the purpose of harassing, threatening, intimidating, humiliating, or defrauding another and the impersonation proximately caused injury to the actual person. Injury may include injury to reputation or humiliation, injury to professional or financial standing, or physical harm.
  • Court awareness - No new SCOMIS Civil Cause Code is required.
  • Effective: 6/7/2012

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Juvenile Restorative Justice Programs

  • Bill #1775
  • Summary - This bill amends RCW 13.40.020 and RCW 13.40.080 to add a new program called Restorative Justice.  Restorative Justice  means practices, policies, and programs  informed by and sensitive to the needs of crime victims that are designed to encourage offenders to accept responsibility for repairing the harm caused by their offense by providing safe and supportive opportunities for voluntary participation and communication between the victim, the offender, their families, and relevant community members. 
  • Court awareness -Diversion units may refer a juvenile to a restorative justice program, community-based counseling, or a treatment program.
  • Effective: 6/7/201

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Prostitution and Trafficking Crime Penalties

  • Bill #1983
  • Summary - This bill amends RCW 9A.40.100 and RCW 9A.88.120 to add additional fees to any finding of guilt, entry of deferred disposition, or entry of a diversion on all violations of Criminal Trafficking (Class A Felony), Permitting Prostitution (Misdemeanor), Patronizing a Prostitute (Misdemeanor), Promoting Prostitution in the First Degree (Class B Felony), or Promoting Prostitution in the Second Degree (Class C Felony). RCW 9.68A.105 was also amended.
  • Court awareness - 
    • The additional fees cannot be waived, reduced, or suspended unless the defendant is found, on the record, to be unable to pay. If the penalties are reduced they can only be reduced up to two-thirds of the maximum allowable fee.
    • Revenues from these fees are not subject to the distribution requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or 35.20.220.
    • Each crime has a specific penalty amount or penalty schedule amount.
    • The fees collected must be deposited into the general fund of the county or city where the offense occurred. At least 50% of the fees must be spent on prevention, including education programs for offenders, such as john school, and rehabilitative services, such as mental health and substance abuse counseling, parenting skills, training, housing relief, education, vocational training, drop-in centers, and employment counseling. 
    • The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • See also: eService Answer ID: Penalty amounts for prostitution violations per ESHB 1983.
  • Effective: 6/7/2012

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Uniform Interstate Depositions and Discovery Act

  • Bill # 2195
  • Summary - A new chapter will be added to Title 5 RCW called the Uniform Interstate Depositions and Discovery Act.  The act allows parties to submit a foreign subpoena to a clerk of the court in the county in which discovery is sought.  It also allows an application for a protective order or to enforce, quash, or modify a subpoena issued under this act. This chapter applies to requests for discovery in cases pending on the effective date of this act.  A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of Washington State.
  • Court awareness - When a party submits a foreign subpoena to a clerk of the court, the clerk shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena must incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. Superior court civil rules (CR) 26 through 37 apply to subpoenas issued under section 3 of this act.
  • Effective: 6/7/2012

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DUI -Child in Vehicle

  • Bill # 2302
  • Summary - Increases existing ignition interlock requirements and creates enhanced penalties for persons convicted of driving or being in physical control of a vehicle while under the Influence of intoxicating liquor or drugs with a child under age 16 in the vehicle.  Requires law enforcement, when making an arrest, to note that a child under age 16 was present in the vehicle and requires law enforcement to notify Child Protective Services if the child passenger is under 16 years, rather than under 13 years.
  • Court awareness -
    • On Felony DUI, Vehicular Assault DUI, or Vehicular Homicide DUI convictions with a child under 16 in the vehicle at the time of the offense, an enhanced sentence of 12 months per child in the vehicle is added to the individual's standard sentence.
      • If the total sentence exceeds the statutory maximum, the enhanced sentence portion may not be reduced.
    • The DUI Sentencing Grid has been updated and posted on the DUI Sentencing Grid page of the Washington State Resources, Publications and Reports section of  www.courts.wa.gov.
    • The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
    • The accounting codes are available for use effective June 7, 2012. See also - eService Answer ID: DUI with youth in vehicle (ESHB 2302 - 2012 Legislation).
    • Additional codes have been added to help the courts document that a guilty finding is for a violation where a child under the age of 16 was in the vehicle.
  • Effective: 6/7/2012

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Domestic Violence and Harassment Victims

  • Bill #2363
  • Summary - An ACT relating to protecting victims of domestic violence and harassment.
  • Court awareness -
    • RCW 9A.46.040 and RCW 9A.46.080 are amended to make willful violation of a no-contact order issued during the pendency of or following a conviction for misdemeanor harassment under this section, or an equivalent local ordinance, a Gross Misdemeanor instead of a Misdemeanor.
    • RCW 10.99.040 is amended to allow DV no-contact orders to be issued or extended so long as the court finds probable cause, even if the defendant fails to appear for an arraignment on the case. The order shall state that it may be extended.
    • A new section is added chapter 10.14 RCW to require appearance within one judicial day after arrest for a violation of a civil anti-harassment protection order. A defendant who is charged by citation, complaint, or information shall appear in accordance with RCW 9A.46.050. Appearance is mandatory and cannot be waived.
    • A new section is added to chapter 26.50 RCW to help protect the name, address, or location of any domestic violence program, including a shelter or transitional housing location, in any civil or criminal case or any administrative proceeding. It can be disclosed if the court finds the disclosure is necessary for the implementation of justice after consideration of safety and confidentiality concerns of the parties. The court shall order that disclosed information be prohibited from further dissemination and that any portion of the records containing such confidential information be sealed.
    • The Domestic Violence No-Contact Order has been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 6/7/2012

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Driving Under the Influence

  • Bill #2443
  • Summary - An ACT relating to increasing accountability of persons who drive impaired.
  • Court awareness - 
    • RCW 9.94A.475 is amended to require that all recommended sentence agreements, plea agreements, and sentences for a felony DUI or Physical Control violation shall be made and retained as public records.
    • RCW 9.96.060 is amended to state that a defendant cannot have an offense vacated if it was considered a "prior offense" under RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug violation within ten years of the date of arrest for the prior offense.
    • Superior courts may suspend the imposition or execution of a sentence of a charge of RCW 46.61.5055 and may direct that the suspension continue upon conditions designated by the court for up to five years.
      • The court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence including installment payment of fines.
      • A defendant who is sentenced and fails to appear for a hearing to review compliance with the terms shall have the terms of probation tolled until the defendant appears on record before the court.
      • Any time before an order terminating probation is entered, the court may modify or revoke its order suspending the imposition or execution of the sentence if the defendant violates or fails to comply with the conditions of the suspended sentence.
    • RCW 38.52.430 is amended to increase the DUI Emergency Response fees that can be imposed from $1,000 to $2,500 for a particular incident.  The cost reimbursement amount shall be included in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute.  The existing A/R Type Codes will still be used to document the fees in JIS. 
    • RCW 46.61.5055 is amended to allow the court to order additional days in jail in lieu of mandatory electronic home monitoring (EHM):
      • One prior with a breath test of less than 0.15 or no test for reasons other than refusal - at least 4 days jail in lieu of the minimum 60 days EHM.
      • One prior with a breath test of at least 0.15 or no test due to the person's refusal - at least 6 days in jail in lieu of the minimum 90 days EHM.
      • Two or three priors with a breath test of less than 0.15 or not test for reasons other than refusal - at least 8 days in jail in lieu of the minimum 120 days EHM.
      • Two or three priors with a breath test of at least 0.15 or no test due to the person's refusal - at least 10 days in jail in lieu of the minimum 150 days EHM.
    • The DUI Sentencing Grid has been updated and posted on the DUI Sentencing Grid page of the Washington State Resources, Publications and Reports section of www.courts.wa.gov. 
    • The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 8/1/2012

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Juvenile Gang Court

  • Bill #2535
  • Summary - Authorizes counties to establish and operate a juvenile gang court.
  • Court awareness -Juvenile gang courts shall establish minimum requirements for participation of offenders in the program.  Local requirements may be more stringent than the minimum set in the new section of chapter 13.40 RCW:
    • The juvenile offender participates in gang activity, is repeatedly in the company of known gang members, or openly admits that he or she has been admitted into a gang.
    • The juvenile offender has not previously been convicted of a serious violent offense or sex offense.
    • The juvenile offender is not currently charged with a class A felony, a sex offense, a charge involving the threat, attempt or discharge of a firearm, or any violation that subjects the offender to adult court original jurisdiction, or that constitutes an assault of a child in the second degree.
    • The juvenile may only be admitted to juvenile gang court once.
  • A juvenile offender admitted to juvenile gang court must stipulate to the admissibility of the facts in the police report, sign an acknowledgment and waiver.  Successful completion of the requirements of juvenile gang courts shall result in the conviction entered being vacated and the charge(s) dismissed with prejudice.  If the juvenile fails to complete the gang court requirements the court shall enter an order of disposition pursuant to RCW 13.40.0357.
  • Effective: 6/7/2012

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Extended Foster Care Services

  • Bill #2592
  • Summary - Amends RCW 74.13.031 to authorize DSHS to provide continued extended foster services to youth ages 18 to 21 years to participate in or complete a post-secondary academic or post-secondary vocational education program.  No new youth can be enrolled in the state-funded Foster Care to 21 program after June 4, 2012 and the program shall cease to operate June 4, 2015.
  • Court awareness -The court shall postpone dismissal of dependency proceedings for six months for any child who is a dependent child in foster care at the age of 18 years and who at the time of their 18 th birthday  is enrolled in a post-secondary academic or post-secondary vocational program, or has applied for and can demonstrate that he/she intends to timely enroll.
    • The court shall dismiss the dependency if the youth has not requested extended foster care services by the end of the six-month period or is no longer eligible for extended foster care services at any point during the six-month period.  
    • The dependency shall be dismissed if the youth fails to timely enroll or continue in the post-secondary program, or reaches the age of 21, whichever is earlier.
    • The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 6/7/2012

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Reducing the Commercial Sale of Sex

  • Bill #2692
  • Summary - Amends the mandatory sentence for a person convicted of or receiving a deferred disposition on a violation of RCW 9A.88.110 Patronizing a Prostitute (misdemeanor) or RCW 9.68A.100 Commercial Sexual Abuse of a Minor (Class B Felony).  
  • Court awareness - First time offenders must fulfill the terms of a program designed to educate offenders about the negative costs of prostitution. Additional monetary penalties for these violations must be imposed per ESHB 1983.
  • See Also: eService Answer ID: Penalty amounts for prostitution violations (ESHB 1983 - 2012 Legislation).
  • Effective: 6/7/2012

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Service Members Civil Relief Act

  • Bill # 5627
  • Summary - Clarifies that members of the National Guard called to service by the Washington State Governor, and their dependents, are eligible for relief under the service members civil relief act.
  • Court Awareness - The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective Date: 6/7/2012

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Same Sex Marriage

  • Bill # 6239
  • Summary -Provides that marriage is between two eligible persons.  Partners in a Registered Domestic Partnership may get married.  If they do not get married or resolve their Registered Domestic Partnership by June 29, 2014, their Registered Domestic Partnership will automatically become a marriage.  The effective date of the marriage will be the date the Registered Domestic Partnership was filed with the Secretary of State. 
    • Registered Domestic Partnerships will still be allowed if at least one of the persons must be at least 62 years old.
    • Legal unions from other jurisdictions that are substantially similar to a marriage or to a Registered Domestic Partnership will be treated as a marriage or a Registered Domestic Partnership.
  • Court Awareness - The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
    • If enough valid signatures are gathered to place a referendum on the November Ballot regarding this bill, then the new court forms will not be posted online until the results of the election are made available.
  • Effective: 6/7/2012

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Fish and Wildlife Enforcement

  • Bill #6135
  • Summary - Makes a number of changes related to the enforcement policies of the Department of Fish and Wildlife (DFW) and the crimes primarily enforced by the DFW.  Creates new fish and wildlife related crimes, decriminalizes certain acts, provides new penalties for existing crimes, and changes details for certain crimes.  Provides new direction to the DFW regarding seizure and forfeiture of property.  Provides new definitions for existing terms.  Creates an infraction, with certain exemptions, for feeding or attempting to attract large wild carnivores to land or a building.
  • Court awareness -Law table changes will be in effect on June 7, 2012.  
    • A list of all law table changes made for the Washington State 2012 Legislative Session can be located at the bottom of this answer.
  • Effective: 6/7/2012

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Juveniles - Orders of Disposition

  • Bill #6240
  • Summary - A juvenile who agrees to a deferred disposition must acknowledge the consequences of being found guilty and the potential consequences if they fail to meet the conditions of the deferred disposition.

    The court is allowed to vacate a deferred disposition in cases where a juvenile has not paid full restitution if the court is satisfied that the youth made a good faith effort to pay. The court must enter an order establishing the amount of restitution still owing and the terms and conditions of payment, including a payment plan that extend jurisdiction by up to 10 years. In that instance, the respondent remains under the jurisdiction of the court for up to 10 years after their 18 th birthday. Prior to the expiration of the extended jurisdiction, the juvenile court may extend the judgment for restitution up to 10 additional years. The court may relive the respondent's requirement to pay restitution to an insurance provider if the court is satisfied they have no means to pay over a 10 year period.

    When vacating a deferred disposition, the court must enter an order sealing the case if the juvenile is 18 years of age or older and restitution has been paid in full. When a case is vacated prior to a juvenile turning 18, the court must set an administrative hearing to seal the case no later than 30 days after the juvenile turns 18 if no further charges are pending and restitution has been paid in full. When two separate disposition orders are imposed, the periods of community supervision run concurrently while other conditions run consecutively.
  • Court awareness - 
    • A juvenile who has successfully completed a deferred disposition prior to June 7, 2012, who is under 18 years old on June 7, 2012 will need to move for an order sealing the records upon turning 18.
    • A new BOXI report is being created for use by the juvenile departments to
    • track those cases that include an order dismissing deferred disposition and are not sealed, and may include a scheduled date for an administrative  review hearing.

      • The new report will replace the Deferred Disposition Eligible for Sealing report that is being used at this time.
    • The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 6/7/2012

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Vulnerable Adult Protection Orders - Costs

  • Bill #6403
  • Summary - Removing financial barriers to persons seeking vulnerable adult protection orders.
  • Court awareness -RCW 74.34.140 is amended to prohibit a public agency from charging a fee for filing or serving petitions for vulnerable adult protection orders.  
  • Effective: 6/7/2012

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Sexually Violent Predator Civil Commitment Cases

  • Bill #6493
  • Summary - Addressing sexually violent predator civil commitment cases.
  • Court awareness -If after a petition is filed the judge determines that probable cause exists to believe that a person is a sexually violent predator the judge shall direct that the person be taken into custody and shall notify the Office of Public Defense of the potential need for representation (RCW 71.09.040).
    • The person is to be transferred to the custody of the Department of Social and Health Services (DSHS) for placement in a total confinement facility operated by the department.
    • The Office of Public Defense (OPD) will be assigned to provide indigent defense services for sexually violent predator civil commitment cases.
    • The DSHS and the courts are authorized to release to the OPD records needed to implement the office's administration of public defense in these cases.
  • Effective: 7/1/2012

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Truancy Procedures

  • Bill #6494
  • Summary - An ACT relating to improving truancy procedures.
  • Court awareness - 
    • The maximum age of a child at which a school district may be legally required to file a truancy petition is lowered from 17 to 16 years of age.
    • Court jurisdiction is not required to terminate when a child turns 17, nor is a school district precluded from filing a truancy petition.
    • The truancy petition must include information describing the child's current academic status in school.
    • A court may not issue a bench warrant for a child for failure to appear at an initial truancy hearing, but may enter a default order assuming jurisdiction over the child.
    • After the court assumes jurisdiction, the school district must periodically update the court about the child's academic status in school at a schedule to be determined by the court, with the first report to be received no later than three months from the date at which the court assumes jurisdiction.
    • The court forms have been updated and posted on the Washington State Court Forms page of www.courts.wa.gov.
  • Effective: 6/7/2012

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Real Property - Commencement of Judgment Liens

  • Bill # 6566
  • Summary - Adjusting when a judgment lien on real property commences.
  • Court awareness - RCW 4.56.200 is amended to clarify that a judgment lien on real property of a judgment debtor begins at the time of the filing by the county clerk in the execution docket in the county in which the real property is situated in accordance with RCW 4.64.030.
  • Effective: 6/7/2012

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Judicial Stabilization Trust Account Increases

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RN id: 2263