Which laws passed during the 2016 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?


A number of bills passed during the 2016 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 T" link at the bottom of any bill section to return to the top of this answer.


TABLE OF CONTENTS


SHB 1111 - Court Transcripts

  • Bill # 1111
  • Summary - This bill makes the Administrative Office of the Courts a consultant rather than supervisor of implementation of recording equipment.
  • Effective:6/9/2016

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EHB 1409 - Concerning the Disclosure of Vessel Owner Information

  • Bill # 1409
  • Summary - Establishes that vessel record information is treated in the same way as motor vehicle record information for purposes of vessel information disclosure. 
  • Court Awareness - Requires title change to RCW 46.12.640(2)(b).

  • Effective:6/9/2016

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E3SHB 1713 - Integrating the Treatment Systems for Mental Health and Chemical Dependency

  • Bill # 1713
  • Summary - The bill establishes Ricky Garcias Act with the purpose of integrating the mental health and chemical dependency treatment systems.
  • Court Awareness-This bill implements multiple changes over the next 10 years.  The following changes may impact the courts:
    • Effective April 1, 2016The Department of Social and Health Services may petition a superior court for a search warrant authorizing the department or an employee of the department to enter and inspect the books and accounts of any Behavioral Health provider that refuses inspection.
      •  Courts should process these search warrant requests utilizing the existing processes.  If a court is utilizing Document Indexing to track their search warrants, the existing Record Category codes of SW â Search Warrant or OT Other should be used.  No new codes will be created.
    • Effective April 1, 2016 The language in the Deferred Prosecution Petitions has been updated to change the terms alcoholism and drug-addiction to one term substance use disorder.  Similar term changes are made throughout the statutes relating to Involuntary Commitment.
    • Effective April 1, 2018 Both adults and minors may be ordered involuntarily committed under Chapter 10.77RCW for Mental Health Issues or Substance Use Disorders.  The detainment or order for commitment can be to a secure detoxification facility if one is available, or to an approved substance use disorder treatment facility that has adequate space available.
      • DSHS must ensure that at least one secure detoxification facility is operational by April 1, 2018 and that an additional facility is operational by April 1, 2019.
      • Firearms Rights are only impacted by the Involuntary Commitments for Mental Health Issues, not by the Involuntary Commitments for Substance Use Disorder.
      • Both the Superior Courts and the Courts of Limited Jurisdiction can order a firearm to be forfeited if the persons who was in possession of the weapon had lost their rights to possess firearms due to Involuntary Commitment for Mental Health Issues. 
      • A request for the Codes Committee to review the available Cause of Action codes for Involuntary Commitments for adults and minors will be processed closer to the implementation date of this section.  No changes will be made at this time.
  • Effective: Multiple Dates - see above

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ESHB 2274 - Concerning the Filing of Vehicle Reports of Sale

  • Bill # 2274
  • Summary - Protects individuals from being responsible for abandoned vehicle costs when a report of sale on the vehicle was filed with incorrect buyer information or was filed fraudulently.
  • Court Awareness - Two new civil causes of action are created; one for the named buyer in the report against the person that filed the report, and one by the named seller in a report against the buyer who falsely alleges that there was no acceptance of the transfer of the vehicle.  No new Cause of Action Codes are being created for these filings, please use the existing code OTH Other.
  • Court Impact - If a court has declared that a fraudulent report of sale has been filed the court MUST send a copy of the court order to the Department of Licensing (DOL) so they may remove the fraudulent report of sale from the vehicle record.
  • Effective -6/9/2016

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HB 2371 - Requiring a Court That Consults JIS to Render a Decision to File a Copy in the Court File Upon Request of a Party

  • Bill # 2371
  • Summary - This bill provides that the requirement for a court to file a copy of any relied-upon document in the case file after consulting JIS or a related database applies only if a party requests that the document is so filed. Therefore, as of the effective date of this bill, courts only need to file a copy of the documents if requested by a party.
  • Court Knowledge - Amends SHB 1617 from 2015 legislation.
  • Court Impact -
    • A JIS Check Confidential Document Cover Sheet was developed by the Pattern Forms Committee last year and is available on the Court Forms page of the Washington Courts Website.
    • The following Docket Code was created last year and may still be used: JCD - JIS Check Confidential Document Cover Sheet.
  • Effective -6/9/2016

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E2SHB 2375 - Concerning Cybercrime

  • Bill # 2375
  • Summary - This bill adds a new chapter in Title 9A RCW for cybercrimes.
  • Court Awareness- New crimes include electronic data interference, electronic data theft, and electronic data tampering, among others; definitions are provided; and penalties are prescribed
  • Effective -6/9/2016

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SHB 2405 - Concerning the Role of Parties in Cases Related to Certain Notices and Records

  • Bill # 2405
  • Summary - Requires the petitioner in a criminal case, or an involuntary mental health commitment case, that results in loss of firearms rights to provide the court with certain identifying information. Provides that when multiple involuntary mental health commitments are entered under the same cause number, the court need only send one notification of the committed person's identifying information to the Department of Licensing (DOL) and the National Criminal Instant Background Check System (NICS). Amends statutes relating to a number of different court proceedings to provide that a party in the case, rather than the clerk of the court, must provide certain notices or issue summons in the proceedings.
  • Court Impact - 
    • Regarding Firearms Reporting for Mental Health Commitments: If more than one order is entered under the same case/cause number, only one notification needs to be sent via the web form to DOL and NICS.
    • Regarding judgments for a motor vehicle loss: The responsibility of notice regarding a judgment as part of RCW 46.29.270 is moved from the clerk of the court to the judgment creditor. Also, the responsibility to forward a certified copy or completed abstract of judgment, certificate of facts, and proof of notice on default judgments as part of RCW 46.29.310 is moved from the clerk of the court to the judgment creditor.
  • Effective - 6/9/2016

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SHB 2427 - Concerning Local Government Modernization

  • Bill # 2427
  • Summary - The bill allows local government agencies to make certain changes to help modernize their processes.
  • Court Awareness - Any local transit authority within King County that cites violations of RCW 35.58.580 must submit their infraction forms to the Administrative Office of the Courts for approval.
  • Effective: 6/9/2016

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ESHB 2700 - Concerning Impaired Driving

  • Bill # 2700
  • Summary - This bill addresses DOLs records policies related to convictions for reckless driving or negligent driving in the first degree if originally charged as a DUI offense; clarifies sentencing enhancement for vehicular homicide â DUI offenses; requires Victim Impact Panels to use primarily in-person speakers; addresses DOL handling of ignition interlock installation; and amends procedures related to temporary driver's licenses and DOL hearings regarding license suspension due to DUI.
  • Court Impact - Requires the court to send written notice to DOL within five business days if a participant is removed from the 24/7 Sobriety Program; establishes minimum sentences for participants who violate the terms of participation in the 24/7 sobriety program, or fail to pay associated fees.
  • Court Awareness -
    • All Impaired Driving Enhancements sentenced under RCW 9.94A.533(7) are now mandatory and shall be served consecutively to all other offenses sentenced under this chapter as well as any other impaired driving enhancements.
    • Requires the victim impact panels to have at least 2 different in-person speakers and no more than 15 minutes of video.
    • Provides that if a person arrested for DUI or physical control had a blood-alcohol content of 0.08 or more, or a THC concentration of blood that was 5.00 or more, and this is the person's first incident within seven years, the person's license is not administratively suspended so long as the person successfully completes or is enrolled in a pretrial 24/7 Sobriety Program.
    • Effective 1/1/2019 - A person's license, permit, or privilege to drive will be revoked within 30 days if they refuse to submit to a breath test; a person has 7 days to request an administrative hearing with DOL once notice of the revocation is received; the DOL administrative hearing shall be held within 30 days of the request and give 5 days notice.
  • Effective -6/9/2016except as noted above

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HB 2808 - Amending the Process for Immediate an Family Member or Guardian to Petition the Court for Initial Detention Under the Involuntary Treatment Act

  • Bill # 2808
  • Summary - The bill amends the process for a persons immediate family member, guardian, or conservator to petition the court for the persons initial detention under the Involuntary Treatment Act.
  • Court Awareness -Beginning the effective date of the bill, any Involuntary Treatment petition must be filed in the county where the alleged incapacitated person is located.
    • ***No associated pattern forms were updated based on this legislation.
  • Effective -6/9/2016

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ESHB 2906 - Rehabilitation and Reintegration of Juvenile Offenders

  • Bill # 2906
  • Summary - Eliminates the requirement that courts to notify the Department of Licensing (DOL) after a juvenile offender's first offense for an offense while armed with a firearm or offense related to drugs or alcohol.
  • Court Awareness -The court shall not notify DOL if a juvenile is found to have committed an offense under Chapters 66.44, 69.41, 69.50, or 69.52 RCW and it is the first offense and the juvenile has had no prior offense while armed with a firearm or an unlawful possession of a firearm offense (9.41.040).
    • Electronic tickets are configured to automatically send dispositions to DOL for defendants either under the age of 18 or under the age of 21 for these RCWs . These laws are identified on the Fine/Penalty Schedule Update (FPSU) screen as U18 and U21 on the Report eDispo to DOL. Therefore to alleviate the risk of dispositions transmitting to DOL for first time offenders, as of 6/9/2016, all laws identified with U18 and U21 will no longer automatically transmit to DOL. The courts must manually send an Abstract of Court Record (ACR) to DOL when appropriate.
    • ***The judgment and sentences have been updated to include a section that is marked if Clerk's Action is required to send dispositions to DOL. See the Court Forms page on the Washington Courts Website. 
    • ***Please see eService answer: Notification to DOL for revocation of driving privileges for more detailed information and assistance in determining when a disposition to be sent to DOL.
  • Effective - 6/9/2016

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SSB 6160 - Regulating the Manufacture, Sale, Distribution, and Installation of Motor Vehicle Air Bags

  • Bill # 6160
  • Summary - The bill changes the language regarding the manufacturing, selling, installing, and reinstalling counterfeit, non-functional, previously deployed, or damaged airbags.
  • Court Awareness -The existing Gross Misdemeanor will be changing to a Class C Felony and additional Class C Felonies were created.
  • Effective -6/9/2016

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SSB 6261 - Concerning Human Remains

  • Bill # 6261
  • Summary - The bill modifies the description of two gross misdemeanors related to human remains.
  • Court Awareness -The titles of the existing laws will be updated in the Statewide Law Table by the effective date of this bill.
  • Effective -6/9/2016

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ESSB 6328 - Concerning Vapor Products

  • Bill # 6328
  • Summary - The bill creates seven new law violations related to the sale of Vapor Products, the requirements for child-resistant packaging, and violations of the Vapor Product Tasting regulations.
  • Court Awareness- This bill creates the following new violations:
    • Infraction Minor purchasing or possessing vapor products
      NOTE: The District and Municipal Courts were given concurrent jurisdiction over the infractions for minors purchasing or possessing vapor products (see Sec 14 of the bill).  These new infractions should be processed in the same manner as Smoking Infractions.
    • Misdemeanor Vapor product tasting violation
    • Misdemeanor Vapor retail/distributor/delivery seller operating outside of their authorized license
    • Gross Misdemeanor Liquid Nicotine not having a child-resistant container
    • Gross Misdemeanor Vapor business not allowing inspection of a business by enforcement officers
    • Class C Felony Vapor product mail or internet sales in violation of state law.  
    • Class C Felony Vapor product business activity without a valid license
    • The law table will be updated to add the new law violations.  The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 6/28/2016

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SSB 6360 - Developing a Plan for the Consolidation of Traffic-based Financial Obligations

  • Bill # 6360
  • Summary - The bill creates a work group to be convened by the office of the Attorney General to review the possibility of developing a plan and a program for the efficient statewide consolidation of an individual's traffic based financial obligations imposed by the Washington State Courts of Limited Jurisdiction into a unified and affordable plan.  A report of the work groups recommendations is to be submitted to the Washington State Supreme Court, the Governor, and the appropriate Legislative Committees by December 1, 2017.
  • Court Awareness - The workgroup will include a CLJ Judge, Prosecutor, Public Defender, and Court Administrator or Manager amongst the participants, each being appointed by their associations.  There is no court impact related to this bill.
  • Effective -6/9/2016

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RN id: 2414