Which laws passed during the 2015 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?


A number of bills passed during the 2015 legislative session impact the Courts of Limited Jurisdiction.


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 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.
  • 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

Practice of East Asian Medicine

  • Bill # 1045
  • Summary - This bill requires a person licensed in the practice of East Asian Medicine to call 911 in an emergency, request and ambulance, and provide patient support until emergency response arrives.
  • Court Awareness -A new Misdemeanor violation is made available due to the changes made by this bill.  It is unlikely it will be cited often so it will not be added to the Statewide Law Table at this time.
    • If a court receives a citation for this violation, please contact Customer Services to request the law be added to the Statewide Law Table.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective:07/24/2015

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 Unlicensed Practice of Massage Therapy or Reflexology

  • Bill #1252
  • Summary -  This bill imposes new penalties upon the owner of a massage or reflexology business where unlicensed practice of massage therapy or reflexology is committed.
  • Court Awareness - This bill makes a new Misdemeanor violation available for a single violation. It makes a new Gross Misdemeanor available for each subsequent violation whether alleged in the same or subsequent prosecutions. It is unlikely that either violation will be cited often so they will not be added to the Statewide Law Table at this time.
    • If a court receives a citation for either of these violations, please contact Customer Services to request the law be added to the Statewide Law Table.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective: 07/24/2015

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Concerning the Crime of Disclosing Intimate Images

  • Bill # 1272
  • Summary - This bill defines the crime of disclosing intimate images.
  • Court Awareness - This bill makes a new Gross Misdemeanor violation available for a first offense and a Class C Felony if a defendant has one or more priors.***The law has been codified and added to the statewide law table. 
  • Effective: 09/26/2015

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Concerning Impaired Driving

  • Bill # 1276
  • Summary -This bill expands the options for mandatory pretrial conditions of release for persons charged with DUI with previous DUI offense. These include installation of an ignition interlock device (IID) while participating in a 24/7 sobriety or alcohol monitoring program and agreeing by sworn statement at arraignment not to drive without an IID. Courts are required to notify the Department of Licensing (DOL) when a defendant is required to us an IID or is charged or convicted of an alcohol-related offense, and when an IID restriction is lifted. Requires sentences on DUI-related offenses to be imposed consecutively.  Removes reference to testing a person's breath to determine presence of THC and clarifies the statues that prohibit law enforcement officers from testing person's blood suspected of a DUI unless pursuant to a search warrant, valid waiver of warrant, or when exigent circumstances exist. The violation of tampering with an IID is more clearly defined and orders that any sentence be imposed consecutive with any DUI-related offense. A new traffic infraction is added for open container of marijuana.  The mandatory provisions of probation are enhanced and expands the "prior offenses" for DUI convictions. It is required that IIDs must have the ability to provide global positioning coordinates for each test. Specifies that the court, if an open case exists, may provide an abstract of driving record to a defendant's attorney. Provides that if a defendant is ordered, as part of a condition of release, to get an IID installed and is under the supervision of a probation department, that department must verify installation. The 24/7 sobriety programs definitions and requirements are clarified, including that if a peace officer has probably cause to believe that a participant violates the terms of a 24/7 program, they are to be held in jail until appearance with a judge the next judicial day.
  • Court Impact -
    • ***The Department of Licensing has released the PDF version of the Pretrial IID reporting form on the Forms for Courts Web Page. NOTE: Even if the charge becomes a conviction, courts MUST still notify DOL as the conviction does not trigger an automatic removal of the pretrial restriction. Also, courts will NOT have to notify DOL of the removal of the restriction if it was ordered prior to 9/26/15. 

      DOL is still working on providing a new web-base version of the forms currently offered as PDF. 

    • ***New pattern forms have been created for Conditions of Release for Impaired Driving Offense, Declaration to not Operate any Motor Vehicle without an Ignition Interlock Device, and Order Confirming Release of Ignition Interlock Device Restriction.  See  the Pattern Forms page at www.courts.wa.gov.
  • Court Awareness- New ignition interlock violations and marijuana in car infraction were identified as part of this bill.
    • The Gross Misdemeanor (GM) violations of  tampering/disabling IID, direct another to filter circumvent, direct another to tamper, direct another to blow/exhale have been added to the law table. The violation for "Ignition Interlock Tampering has been updated to an "Ignition Interlock Violation". The list of law table changes can be found attached to the bottom of this answer.
    • ***The infraction of Marijuana in car violation has been added to the law table. The list of law table changes can be found attached to the bottom of this answer.
  • Effective: 09/26/2015

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Intermittent-use Trailers

  • Bill #1 480
  • Summary - This bill defines an intermittent-use trailer, which may be issued a permanent registration.
  • Court Awareness- This bill makes a new Traffic Infraction available for failure to comply with new requirements regarding permanent registration of trailers, with a maximum penalty of $100, including assessments and fees. This infraction will be added to the Statewide Law Table by the effective date of the bill.
  • Effective: 01/01/2017

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 Changing Jury Service Provisions

  • Bill # 1610
  • Summary -This bill shortens the Jury Term period and the Juror Service period for counties with jury source lists of at least 70,000 names.
    • Jury Term is a period of time of one or more days during which summoned jurors must be available to report for juror service.  This period is not to exceed:
      • Two weeks for counties with a jury source list that has at least 70,000 names.
      • One month for counties with a jury source list that has less than 70,000 names.
    • Juror Service is a period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term or exceed the following period of time except to complete a trial to which the juror was assigned:
      • One week for counties with a jury source list that has at least 70,000 names.
      • Two weeks for a counties with a jury source list of less than 70,000 names.
  • Court Impact - Courts may need to adjust scheduling of trials and/or summons more jurors to accommodate these new periods of time.
  • Effective:  07/24/2015

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Use of JIS by Courts Before Granting Orders

  • Bill # 1617
  • Summary - Before granting an order, the court may consult the Judicial Information System or any related databases, if available, to determine criminal history or the pendency of other proceedings involving the parties. In the event that the court consults such a database, the court shall disclose that fact to the parties and shall disclose any particular matters relied upon by the court in rendering the decision. A copy of the document relied upon must be filed, as a confidential document, within the court file, with any confidential contact information such as address, phone numbers, or other information that might disclose the location or whereabouts of any person redacted from the document or documents.
  • Court Knowledge - The bill is only applicable to certain statutes. For Courts of Limited Jurisdiction, these are those related to orders of protection, temporary orders of protection, or criminal no-contact orders under chapter 7.90 (Sexual Assault Protection Orders), 7.92 (Stalking Protection Orders) , 9A.46 (Criminal No Contact Orders), 10.14 (Antiharassment Orders), 10.99 (Domestic Violence No Contact Orders), 26.50 (Domestic Violence Protection Orders), or 26.52 (Foreign Protection Orders) RCW.
  • Court Impact -
  • Effective: 07/24/2015

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 Expands Existing laws to Include Collecting Wildlife Parts

  • Bill # 1627
  • Summary - This bill amends RCW 77.15.435 to clarify that unlawfully collecting wildlife parts from the property of another is a Misdemeanor.
  • Court Awareness- The title of the existing law will be updated from UNLAWFUL HUNTING ANOTHER'S PROPERTY to HUNT/COLLECT PARTS ANOTHERS PROP on the Statewide Law Table by the effective date of this bill.
  • Effective:  07/24/2015

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 Electronic Home Monitoring/Detention

  • Bill # 1943
  • Summary - This bill redefines home detention as a subset of electronic monitoring, which requires the offender to be subject to electronic monitoring and confined to a private residence 24 hours a day, unless otherwise authorized by the court. Defines electronic monitoring as tracking the location of a person through technology capable of determining a person's presence or absence at a particular location. Prohibits the use of home detention for offenders who have a prior history of knowingly violating the terms of a home detention program. Requires a supervising agency to establish terms and conditions for electronic monitoring for each individual subject to electronic monitoring and to communicate those terms and conditions to the monitoring agency. Requires monitoring agencies to notify the supervising agency of certain violations of electronic monitoring. Requires private monitoring agencies to have policies for contingency plans and conflicts of interest and to require background checks. Subjects private monitoring agencies to civil penalties for noncompliance with the act. Requires the courts to notify AOC when discontinuing or resuming use of a monitoring agency and requires AOC to transmit this notice to courts statewide. Prohibits a monitoring agency from monitoring a defendant who is currently awaiting trial for a violence or sex offense unless the defendant's release before trial is secured with a payment of bail. Prohibits an award of credit toward a sentence for time spent on pretrial electronic monitoring if an offender is convicted of certain serious offenses. Provides that a person who knowingly violates the terms of electronic monitoring is guilty of Escape in the 3rd degree.  
  • Court Action
    • A pattern form is available for use when home detention is ordered - Home Detention Ordered (HDOR). See the Pattern Forms page at www.courts.wa.gov.
    • Docket code - HDOR - Home Detention Order is available to use.
    • The Person Comment Screen (PCMT)will be available to all court levels. This screen allows for the input of the following codes to identify a home detention violation:
      • HD1 - Home Detention Non-Technical Violation for use when courts shall not allow HD/EHM in future sentencings.
      • HD2 - Home Detention Technical Violation  for use when the courts may allow HD/EHM again in future sentencings.
    • The presence of these codes on the Person Comment Screen (PCMT) screen will show in both Juvenile and Corrections System (JCS) under the Person Comment menu option as well as in the Judicial Access Browser System (JABS) under the person tab.
    • If a court has made a determination to no long use a specific home monitoring/detention agency, or has decided to continuing to use a previously discontinued agency, submit an eService incident at the eService center under "Ask a Question", Topic "3 Case Management".  Please provide the name of the agency, the judge that made the determination and date, along with the reason. A web form is being developed for courts to notify AOC when discontinuing or resuming use of a monitoring agency and a report to make this information available to courts statewide.
  • Court Awareness - New Class C Felony, Gross Misdemeanor and Misdemeanor charges are available including;
    • 9A.76.130 (1)(b) Violate elec monitor program - Gross Misdemeanor to Misdemeanor
    • 9A.76.130 (3)(a) One Prior Conviction - Gross Misdemeanor
    • 9A.76.130 (3)(b) 2 or more Convictions - Felony C
  • Effective: 07/24/2015

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HB 2195 - Modifying Certain Auditor's Fees

  • Bill # 2195
  • Summary -This bill increases the portion of the Auditor's Office filing fee that is deposited in the Washington Heritage Center Account from $2.00 to $3.00.  Therefore, the Auditor's Office filing fee collected for Name Change petitions by the Courts of Limited Jurisdiction will increase from $72.00 to $73.00.
  • Court Awareness - The Cost Fee Code NCA - Name Change Auditor's Fee has been updated for the increase. 
  • Effective - 10/09/2015

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Establishing the Position and Authority of Warrant Officers

  • Bill # 5004
  • Summary - This bill authorizes any city or town, rather than only cities with a population of over 400,000, to establish and maintain the position of warrant officer within its police department. A warrant officer is vested only with authority established by local ordinance, which may include making arrests authorized by warrants, and service of civil and criminal process. The authority to serve or enforce a court's process is limited to the authority that the local jurisdiction has granted by ordinance. The chief of police must establish training requirements consistent with the duties of the warrant office, which must be approved by the Criminal Justice Training Commission.
  • Court Awareness - There is no JIS impact due to this bill.
  • Effective: 07/24/2015

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Establishing the Cannabis Patient Protection Act

  • Bill # 5052
  • Summary - This bill makes many changes to the medical marijuana laws and is known as the Cannabis Patient Protection Act. 
  • Court Awareness- The new law changes the title of one Infraction, ends a Misdemeanor charge, and makes a new Misdemeanor charge available. ***The following changes to the Statewide Law Table have been made:
    • Title of the Infraction Non-traffic RCW 69.51A.060(1) will be changed from MEDICAL CANNABIS IN VIEW VIOLATION to MEDICAL MARIJUANA IN VIEW VIOLATION by July 1, 2016.
    • The Felony RCW 69.51A.060(7) was end-dated July 1, 2015.
    • ***New Misdemeanor of Marijuana purchase under 21 years of age has been codified and added to the Statewide law table.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective: 04/24/2015, 07/01/2015, 07/01/2016

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  • Bill # 5100
  • Summary - This bill provides that ""if appropriate under the circumstances, a person identified by a rental car company may be responsible for a parking, camera, or toll infraction issued to a rental car.
  • Court Impact - Currently, as part of the JIS Parking Sub-system, an unpaid Vehicle Related Violation defaults to the vehicle owner as the party that receives the delinquent notice and is subsequently sent to collections.  A work-around has already been developed to help courts prevent the registered owner from going to collections and a ""hold"" being placed on the registration through DOL.  See eService Answer ID: Making a Responsible Party Pay a Vehicle Related Violation Instead of Vehicle Owner for this process.
  • Effective: 07/24/2015

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Encouraging the Establishment of Therapeutic Courts

  • Bill #5107
  • Summary - This bill encourages the creation of therapeutic courts in Washington and consolidates current law concerning therapeutic courts into a single chapter.
  • Court Awareness -This bill repeals certain statutes related to Therapeutic and Specialty courts, RCW 2.28.170 (Drug courts), 2.28.175 (DUI Courts), RCW 2.28.180 (Mental Health Courts), RCW 2.28.190 (DUI, Drug and Mental Health Courts may be combined), RCW 26.12.250 (Therapeutic Courts), RCW 2.28.165 (Specialty and Therapeutic Court - establishment - principles of best practice - limitations), RCW 2.28.166 (Definition of ""specialty court"" and ""therapeutic court""), and combines them into one chapter added to Title 2 RCW.
    • No JIS systems are impacted by this bill.
  • Effective: 07/24/2015

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Increasing District Court Civil Jurisdiction

  • Bill # 5125
  • Summary - This bill raises the claim value allowed on a civil case in district court from $75,000 to $100,000.
  • Court Awareness - The new amounts will be part of edit messages, on the CIV/CIVA screen for the Amt of Suit, on July 20, 2015.
  • Effective: 07/24/2015

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Registered Sex or Kidnapping Offenders

  • Bill # 5154
  • Summary - This bill establishes new registration procedures for sex and kidnapping offenders and makes other changes and clarifications to sex and kidnapping registration laws. Makes multiple changes to the community notification procedures and requirements of public agencies regarding sex and kidnapping offenders. Requires the Sex Offender Policy Board to review and make findings on certain issues related to sex and kidnapping offenders and report to the Governor and the Legislature.
  • Court Awareness -Two new Gross Misdemeanors are available from this bill for refusal to provide DNA if the person has a duty to register under RCW 9A.44.130.
    • RCW 9A.44.132(4) has been added to the Statewide law table.
    • RCW 43.43.754(9) will be added to the Statewide law table, if requested.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective: 07/24/2015

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Competency Evaluation Timeliness

  • Bill # 5177
  • Summary - This bill encourages DSHS to develop alternative locations for competency restoration services for those who do not need inpatient hospitalization and allows restoration in a city or county jail under certain conditions during the 2015-2017 biennium. The clerks, prosecuting attorneys, and local jails are required to provide documentation and information to the state hospital within 24 hours of issuance of a court order for competency evaluation or restoration services. Local jails are required to cooperate with DSHS to arrange timely and appropriate access to defendants in order to perform competency evaluations or restorative services. Competency restoration treatment time is to include only the time the defendant is at a treatment facility and does not include transport time. The bill expands the grounds under which a county may seek state reimbursement for the costs of appointing competency evaluators for in-custody defendants.  In a case where competency to stand trial is at issue, the prosecutor is allowed to dismiss the case and refer the defendant for evaluation of mental health, substance abuse, or developmental disabilities. The bill establishes an Office of Forensic Mental Health Services within DSHS and specifies the responsibilities of the office's director. 
  • Court Awareness - The AOC is directed to develop standard forms for court orders relating to civil commitment and competency evaluation or restoration services. A work group is to be convened to facilitate the use of video testimony in court proceedings involving competency to stand trial. 
    • The standard forms will be made available by December 31, 2015.
    • The work group must complete its work by June 30, 2016.
  • Effective: Most of this bill is effective 07/01/2015.However, section 7 regarding requests for reimbursement is effective 06/10/2015 and section 16 regarding completion and disbursement of the evaluation is effective 04/01/2016.

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Powdered Alcohol

  • Bill # 5292
  • Summary - This bill makes the use, purchase, or sale of powdered alcohol unlawful, except for bona fide research purposes.
  • Court Awareness -***A new Misdemeanor has been codifed and added to the Statewide law table. 
  • Effective: 05/07/2015

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Fleet Vehicles

  • Bill # 5297
  • Summary - This bill makes changes to fleet vehicles laws.
  • Court Awareness - A title change will be made to the existing title of RCW 46.87.290.2 from OPR W/O VALID CAB CRD/CERT/LIC to OPR W/O VALID CREDENTIALS and have be updated in the Statewide law tables.
  • Effective: 07/01/2016

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Unlawful Fishing Guide Activity

  • Bill # 5464
  • Summary - This bill creates the new crime of unlawfully engaging in fishing guide activity.
  • Court Awareness -***A new Gross Misdemeanor has been codified and added to the Statewide law table.
  • Effective: 07/24/2015

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Preventing Animal Cruelty

  • Bill # 5501
  • Summary - Creates a new infraction for confining an animal in an enclosed space or vehicle, which creates a health or life-threatening situation.  This bill permits law enforcement officers or animal control officers to remove the animal. Changes are made to several existing statutes regarding mistreatment of animals.
  • Court Awareness -***A new class 2 civil infraction has been codified and added to the Statewide law table.
  • Effective: 07/24/2015

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Concerning the Sealing of Juvenile Records and Fines Imposed in Juvenile Cases

  • Bill # 5564
  • Summary - This bill allows courts to seal juvenile records if the person has paid the full amount of restitution owing to the individual victim names in the restitution order. Eliminates various legal financial obligations and other fees for juveniles, except the DNA collection fee, the costs of a diversion program, and the victim penalty assessment for most serious offenses and sex offenses. Eliminates interest for legal financial obligations for juveniles unless being collected during the collections process as described in RCW 3.62.020 and 3.62.040.
  • Court Impact - Mandatory fines on DUI, Wildlife Violations and the following Cost Fee Codes can no longer be imposed on juveniles:
    • CAL- Crime Lab Analysis Fee (local)
    • CAS - Crime Lab Analysis Fee (State)
    • DUC - DUI/DP Account Fee
    • DVA - Domestic Violence Penalty Assessment 
    • EMD - Electronic Monitoring Costs - DUI
    • MHC - Mental Health Court
    • WIL - Wildlife Reimbursement
    • YIV - Youth in vehicle
    • PPC - CLJ Prostitution Intervention Fee - can not be imposed on a juvenile for the following violations:
      • 9.68A.100 - Commercial Sex Abuse of a Minor
      • 9.68A.101 - Promoting Commercial Sexual Abuse of a Minor
      • 9.68A.102 - Promoting Travel for Commercial Sexual Abuse of a Minor
    • PRP - Prostitution Prevention & Intervention Fee - can not be imposed on a juvenile for the following violations:
      • 9.68A.100 - Commercial Sex Abuse of a Minor
      • 9.68A.101 -Promoting Commercial Sexual Abuse of a Minor
      • 9.68A.102 - Promoting Travel for Commercial Sexual Abuse of a Minor
      • 9A.88.030 - Prostitution
      • 9A.88.010 - Indecent Exposure
      • 9A.88.090 - Permitting Prostitution
      • 9A.88.110 - Patronizing a Prostitute
      • 9A.88.070 - Promoting Prostitution - 1°
      • 9A.88.080 - Promoting Prostitution - 2°
      • 9A.88.085 - Promoting Travel for Prostitution
      • 9.68A.100 - Commercial Sex Abuse of Minor
      • 9.68A.101 - Promoting Commercial Sexual Abuse of a Minor
      • 9.68A.102 - Promoting Travel for Comm. Sex. Abuse of a Minor
  • Effective: 07/24/2015

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DV Victims Services

  • Bill # 5631
  • Summary - This bill establishes a statewide network of supportive services, emergency shelter services and advocacy for victims of Domestic Violence (DV) and their dependents. It assists communities in the effort to increase public awareness and prevention and to provide ongoing training and technical assistance for individuals working with victims in community-based DV programs.
  • Court Impact - A new cost fee code will be added to allow for the $15 fee that may be imposed on DV convictions and the $15 fee that shall be imposed on Violation of Protection Order charges under Chapter 26.50.  The new codes will be added by July 24, 2015 for courts to imposed this cost.
  • Effective: 07/24/2015

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Competency Evaluations and Restoration Services

  • Bill # 5889
  • Summary - This bill creates performance targets and maximum time limits for the provision of competency-related evaluations and restoration services.
  • Court Awareness - 
    • For a state hospital to extend an offer of admission to a defendant in pretrial custody for legally authorized evaluation services related to competency or for legally authorized services following dismissal of charges based on incompetence to proceed or stand trial - Performance target of 7 days or less AND maximum time limit of 14 days.
    • For a state hospital to extend an offer of admission to a defendant in pretrial custody for legally authorized inpatient restoration treatment related to competency - Performance target of 7 days or less AND maximum time limit of 14 days.
    • For completion of a competency evaluation in jail and distribution of the evaluation report for a defendant in pretrial custody - Performance target of 7 days or less AND maximum time limit of 14 days, PLUS an additional 7 days extension, if needed for clinical reasons, to complete the evaluation at the determination of the department.
    • For completion of a competency evaluation in the community and distribution of the evaluation report for a defendant who is released from custody and makes a reasonable effort to cooperate with the evaluation - Performance target of 21 days or less.
    • Performance targets and maximum time limits run from the date the state hospital receives all of the following:
      • Court referral and charging documents
      • Discovery
      • Police Reports
      • Names and addresses of attorneys for defendant and state/city
      • Name of the judge ordering the evaluation
      • Information about the alleged crime
      • Defendant Case History information
    • Maximum time limits shall be phased in over a 1 year period of time beginning July 1, 2015.
  • Effective: 07/24/2015

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 Statewide Training Program on Human Trafficking

  • Bill # 5933
  • Summary - This bill directs the Office of Crime Victims Advocacy to establish a statewide training program regarding Washington's human trafficking laws for criminal justice personnel.  An entity that has experience in developing training, programs, and policy on human trafficking is to provide and coordinate training for law enforcement, prosecutors and court personnel. 
  • Effective: 07/24/2015

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Exempting Pretrial Electronic Alcohol Monitoring Programs from Statutory Limitations on Pretrial Supervision Costs

  • Bill # 6134
  • Summary -This bill provides that pretrial electronic monitoring, drug monitoring and 24/7 sobriety programs are exempt from the $150 limitation under 10.01.160. It allows courts to require defendants to reimburse agencies for costs of programs in cases involving DUI or Physical Control.
  • Effective: 10/09/2015

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