Which laws passed during the 2014 Washington State Legislative session impact the courts of limited jurisdiction, and what are those impacts?


A number of bills passed during the 2014 legislative session impact the courts of limited jurisdictions.


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/Court Impact/Court Awareness section addressing 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.
  • The answer may be updated as additional information becomes available.  Updated items will be documented with *** and the Court Impact or Court Awareness item will be highlighted. 
  • 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


 Pretrial Release Programs

  • Bill # 1171
  • Summary - The bill designates placement of a defendant in a pretrial release program as an appropriate condition of release.  "Pretrial release program" is defined as any program, public or private, that supervises, and offender released from custody prior to trial.  Supervision includes work release, day monitoring, or electronic monitoring.
  • Court Awareness -Pretrial release programs may not supervise offenders awaiting trial for violent offenses or sex offenses who have been convicted of violent and/or sex offenses in the 10 years prior to the date of the current offense unless the offender's release before trial was secured with payment of bail.
  • Effective: 6/12/2014

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  Vacating Prostitution Convictions

  • Bill # 1292
  • Summary - Allows for the application to vacate a record of prostitution convictions if 1) there are no pending criminal charges for a crime other than prostitution or 2) the offender has not been convicted of a crime other than prostitution since the date of the conviction being vacated.
  • Court Action - The brochure "A Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records" has been updated.  Please replace any existing copies that may be available to the public from your court office with the current version of the brochure at that time.  The newest version will be located on the Resources, Publications, and Reports page of the public web site (www.courts.wa.gov).
    • Pattern forms for vacating convictions for misdemeanor and gross misdemeanor convictions have been updated and have been published under "Misdemeanor Judgment and Sentence" on the Forms page of the public web site.
  • Effective: 6/12/2014

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Proof of Surrender Regarding Firearms

  • Bill # 1840
  • Summary - The bill addresses court-ordered surrender of firearms, dangerous weapons, and concealed pistol licenses by persons subjected to qualifying protection, no-contact, and restraining orders.  Law enforcement agencies must develop policies and procedures for handling surrendered weapons.
  • Court Awareness- AOC and the Pattern Forms Committee are developing pattern forms to document the restrained person's compliance with an order to surrender. 
    • The restraining order, protection order, and no-contact order forms were updated.  The updated forms are published on the Forms page of the public web.
  • Court Impact - Effective December 1, 2014 - Parties ordered to surrender firearms must file a proof of surrender and receipt form with the court within 5 judicial days of the entry of the order.
  • Effective: 6/12/2014, except for use of the new forms by restrained parties which is effective 12/1/2014.

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 Vacating Convictions for Pre-1975 Tribal Fishing Activities

  • Bill # 2080
  • Summary - Persons convicted of misdemeanors, gross misdemeanors, or a felony for a violation of a statute or rule regarding the regulation of fishing activities prior to January 1, 1975 who claimed to be exercising a treaty Indian fishing right may apply for vacation of the conviction. If the requirements are met the court must vacate the record of conviction, even if the requirements defined in RCW 9.94A.640 are not met.
  • Court Impact -Defendants, relatives of a deceased defendant, and tribal representatives can file the motion to vacate with the court.
    • There are no JIS records for these matters. 
    • Courts should review their paper files, microfiche, and other document management records to see if manual records can be located, upon request of an applicant or when a motion is filed.
    • The brochure "A Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records" has been updated.  Please replace any existing copies that may be available to the public from your court office with the current version of the brochure at that time.  The newest version will be located on the Resources, Publications, and Reports page of the public web site (www.courts.wa.gov).
    • The Pattern Forms Committee is developed forms for vacating these convictions.  The updated forms are published on the Forms page of the public web. 
  • Effective: 6/12/2014

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Enforcement of Regional Transit Authority Fares

  • Bill # 2111
  • Summary - Regional transit authorities can issue a notice of infraction to passengers who do not produce proof of payment when requested.
  • Court Impact - Transit authorities may use a different notice of infraction than those issued by other law enforcement agencies as it must not include vehicle information in the infraction.  The notice of infraction form, however, must be approved by AOC prior to use.
    • As of June 5, 2014, none of the Regional Transit Authorities have submitted new forms for approval.
  • Effective: 6/12/2014

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Dextromethorphan Provisions

  • Bill # 2163
  • Summary - This bill creates regulations for any over-the-counter product containing dextromethorphan.  Persons under the age of 18 years old cannot purchase such products and retailers must require and obtain proof of age from the purchaser before completing the sale.
  • Court Awareness - Three new Class 1 Civil Infractions will be added to the JIS Statewide Law Table prior to the effective date of the bill.
    • The total penalty on these infractions will be $2,050.
    • A list of the law table changes for the 2014 Legislative Session is attached at the bottom of this answer.***
  • Effective: 7/1/2015

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Federal Service Members Civil Relief Act

  • Bill # 2171
  • Summary - This bill strengthens the economic protections for veterans and military personnel.  Any person aggrieved by a violation of this act or the Federal Service Members Civil Relief Act of 2003 may file a civil action in the District or Superior Court.  The Washington State Attorney General may file civil proceeding in the Superior Court against any person that shows a pattern or practice of violating this chapter.
  • Court Awareness - No new Cause Codes were created for these matters; courts should use the existing code OTH - Other.
  • Effective: 6/12/2014

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Derelict and Abandoned Vessels

  • Bill # 2457
  • Summary - This bill changes the laws and rules related to derelict and abandoned vessels to increase vessel owner responsibility and to address challenges associated with the economics of removing vessels from the water.
  • Court Awareness - There are two new Misdemeanor violations that are made available due to the changes made by this bill.  It is unlikely either will be cited often, so they are not being added to the Statewide Law Table at this time.
    • If a court receives a citation for one of these violations, please contact Customer Services to request the law be added to the Statewide Law Table.
    • A list of the law table changes for the 2014 Legislative Session is attached at the bottom of this answer.***
  • Effective:  6/12/2014

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Persons with Disabilities Parking Space Laws

See eService Answer 2381 for instructions on the Local Law Table updates for implementation

  • Bill # 2463
  • Summary - This bill amends the laws related to special parking privileges for persons with disabilities in an attempt to decrease the amount of unlawful use of special parking privileges, to not create additional burdens on those in need of the special parking privileges, and to provide local jurisdictions with the authority to improve their administration of on-street parking.
  • Court Impact - There are Statewide Law Table that will be made and Local Law changes that will need to be made prior to the July 1, 2015 effective date of this law.
    • A list of the law table changes for the 2014 Legislative Session is attached at the bottom of this answer.
    • Instructions for the Local Law Table changes that will need to be made by the courts are at the bottom of this answer.
    • A person may submit to the court a statement under penalty of perjury that the person operating the vehicle, at the time of the infraction, had a valid placard, special license plate, or special year tab to avoid liability for the infraction. A form was created by the court community for use in this situation, see the bottom of this answer for Disabled Parking Affidavit.
  • Effective:  7/1/2015

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Name Change Auditor's Fees

  • Bill # 5875
  • Summary - This bill changes the wording of RCW 36.22.179 to define which matters are specifically excluded from the $40 Local Homeless Housing and Assistance surcharge collected by the county auditors. 
  • Court Awareness - Name Change Fees used to be excluded from this surcharge, but the language change reinstates the surcharge for Name Change recordings.
    • The Cost Fee Code NCA increases from $32 to $72 which consists of the following fees and surcharges:
      • $5 Recording Fee [RCW 36.18.010(1) or (8)]
      • $5 Historical Document Preservation surcharge [RCW 36.18.010(9); RCW 36.22.170(1)(a)]
      • $2 WA State Heritage Center surcharge [RCW 36.18.010(11)]
      • $10 Affordable Housing surcharge [RCW 36.18.010(12); RCW 36.22.178(1)]
      • $8 Local Homeless Housing Program (RCW 36.22.1791)
      • $2 Local Government Archives & Records Management [RCW 36.22.175(1) and (3)]
      • $40 Local Homeless Housing and Assistance surcharge [RCW 36.22.179(1)]
    • The Cost Fee Code is kept 100% local, to allow the amount to be remitted to the county auditor internally, so there are no changes to the BARS Code.
    • The Cost Fee Code manual has been updated to document the increase.
  • Effective:  6/12/2014

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Aquatic Invasive Species

  • Bill # 6040
  • Summary - This bill introduces many new provisions related to the containment and eradication of aquatic invasive species.  Allows judges to issue search warrants related to alleged invasive species law violations.
  • Court Awareness - No new codes were created for the processing of the search warrants; courts should utilize the existing codes available in the Document Indexing application.
    • A new Gross Misdemeanor was added for Unlawful Invasive Species 2nd.
    • A list of the law table changes for the 2014 Legislative Session is attached at the bottom of this answer.***
  • Effective:  6/12/2014

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Fish & Wildlife Violation Enforcement

  • Bill # 6041
  • Summary - This bill expands the definitions of certain crimes related to unlawful taking of endangered and protected fish and wildlife, unlawful trapping, and unlawful recreational fishing.  It also expands the definition of certain infractions.
  • Court Impact - An additional law now requires the imposition of the mandatory Wildlife Reimbursement (WIL) penalty upon conviction. For the laws and the instructions on adding the penalty in JIS see eService Answer ID: Enter Fish and Wildlife Penalties in JIS.
  • Court Awareness - One new Infraction Non-Traffic violation, one new Misdemeanor violation, and two new Gross Misdemeanor violations are added to the Statewide Law Table as part of implementation of this bill.
    • A list of the law table changes for the 2014 Legislative Session is attached at the bottom of this answer.***
  • Effective:  6/12/2014

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Guyed Tower Infractions

  • Bill # 6054
  • Summary - This bill imposes requirements related to marking and lighting temporary or permanent guyed towers 25 feet or more in height.
  • Court Awareness -One new Misdemeanor violation was added to the Statewide Law Table as part of implementation of this bill.
    • A list of the law table changes for the 2014 Legislative Session is attached at the bottom of this answer. *** 
  • Effective:  6/12/2014

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Clarifying Prior Offenses in DUI's

  • Bill # 6413
  • Summary - This bill adds five new offenses to the list of those that count as "Prior Offenses" when a person is charged with a DUI or PC-DUI offense. It also adds sentencing alternatives to 24/7 sobriety program monitoring.
  • Court Awareness - The DUI Sentencing Grid and Misdemeanor DUI Sentencing Attachment is updated to include the additional prior offenses and new sentencing alternatives to 24/7 sobriety program monitoring.  The updated documents is located under "DUI Sentencing Grids" on the Resources, Publications, and Reports page of the public web site (www.courts.wa.gov). 
    • The Pattern Forms Committee drafted changes to the Judgment and Sentence (DUI/Physical Control). The updated forms are published on the Forms page of the public web.  
    •  The Pattern Forms Committee also forwarded proposed amendments to the CrRLJ 4.2(g) Statement of Defendant on Plea of Guilty and attachments to the Supreme Court Rules Committee for consideration. 

  • Effective: 6/12/2014

See also:

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RN id: 2349