Which laws passed during the 2016 Washington State Legislative session impact the Superior Courts and Juvenile Department, and what are those impacts?


A number of bills passed during the 2016 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/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.
  • 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.
  • Support documents are available at the end of the document.

TABLE OF CONTENTS

SHB 1111 - Concerning Court Transcripts

  • Bill # 1111
  • Summary - This bill conforms state law to court rule regarding court transcripts.
  • Court Awareness -
    • Provides that certified court reporters and authorized court transcriptionists may make official transcripts of testimony and other court proceedings, and states that official reports transcribed from electronic recordings qualify as prima facie correct statements of testimony or proceedings.
    • Exempts transcripts requested for appellate cases from the requirement that transcripts be filed with the trial courts.
    • Modifies terminology regarding storage mediums for duplicated recordings of court proceedings.
  • Effective -6/9/2016

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 2ESHB 1553 - Encouraging Certificates of Restoration of Opportunity (CROP)

  • Bill # 1553
  • Summary - This bill creates a statutory scheme by which a person with a criminal record can be granted a Certificate of Restoration of Opportunity (CROP).  It establishes criteria by which one can become a qualified applicant for restoration. A qualified court may, in its discretion, determine whether to issue a certificate that applies to all past criminal history statewide or only to the convictions or adjudications in the jurisdiction of the court.  
  • Court Action 
  • The standard civil filing fee applies to a CROP petition. 
    • CROP petitions will be filed as SCOMIS only Civil Case Type 2 or Odyssey Non-WIP Civil Case.
    • The following cause code was approved by the JIS Codes Committee and is available: CRP - Pet Restoration of Opportunity.
    • New Docket Codes will be available when a CROP petition is granted as well as when a petition is dismissed. As the bill sets out three specific reasons a petition can be dismissed, a docket code is available for each.
      • The following codes were approved by the JIS Codes Committee for use and are available:
      • ORCROP Order and Certificate of Restoration of Opportunity
      • ORDDC Order of Dismissal Declined to Consider
      • ORDNQ Order of Dismissal Ineligible.
    • The clerk of the court is required to notify the Washington State Patrol Identification Section on granted petitions. This is not an automated process and will have to be sent manually:
    • Washington State Patrol
      Identification & Criminal History Section
      PO BOX 42633
      Olympia WA  98504-2633
  • Court Awareness - Effective 1/1/2017 - The forms, instructions and brochure are required and have been completed by the Pattern Forms Committee. The forms, instructions and brochure are available on the Court Forms page of the Washington Courts Website.
  • Effective  6/9/2016 except as noted above.

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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  Search Warrant or OT Other should be used.  No new codes will be created.
    • Effective April 1, 2016The 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.
      • The Pattern Forms Committee will be reviewing CrRLJ 4.2(i) petitions for deferred prosecution, felony and misdemeanor judgment and sentencing forms, as well as the Chapter 71.05 RCW and Chapter 10.77 RCW forms for possible changes. This answer will be updated if any forms change.
    • 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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HB 2280 - Making Felony Driving Under the Influence of Intoxicating Liquor, Marijuana, or Any Drug a Class B Felony

  • Bill #2280
  • Summary - This bill increases a felony Driving Under the Influence from a class C felony to a class B felony offense.
  • Court Awareness - The current RCW 46.61.502(6)DUI Felony will be end dated and then re-added to the law table.
  • 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 can still be used: XJCD - 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
    • The list of law table changes can be found attached to the bottom of this answer.
  • 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 - This bill 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). Expands the definition of an official juvenile court file. 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.
    • When a notice of appeal is filed in a case regarding the firing of a certificated employee, it is now the filing party's responsibility to notify the school board within 10 days, not the Clerk of the Superior Court under 28A.405.330.
    • Regarding judgments for a motor vehicle loss: The responsibility of notice regarding a judgment as part of 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 46.29.310 is moved from the clerk of the court to the judgment creditor.
    • Upon filing of a petition of dissolution of an enumerated district, the responsibility of publication moves from the clerk of the court to the petitioner under RCW 53.48.030.
    • When a petition is filed regarding Dependency and Termination of Parent-Child Relationship the responsibility of issuing the summons moved from the clerk of the court to the petitioner under 13.34.070.
  • Court Knowledge - Under 13.50.010 the ""Official juvenile court file"" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, notices of hearing or appearance, service documents, witness and exhibit lists, findings of the court and court orders, agreements, judgments, decrees, notices of appeal, as well as documents prepared by the clerk, including court minutes, letters, warrants, waivers, affidavits, declarations, invoices, and the index to clerk papers.
  • Effective - 6/9/2016

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2SHB 2449 - Providing Court-based and School-based Intervention and Prevention Efforts to Promote Attendance and Reduce Truancy

  • Bill #2449
  • Summary - Puts in place consistent practices and procedures, which schools share information with families about the importance of consistent attendance and the consequences of excessive absences, involves families early, and provides families with information, services, and tools that they may access to improve and maintain their children's school attendance.
  • Court Awareness- Requires an initial stay of truancy petition in order to allow for appropriate intervention and prevention before using a court order to enforce attendance laws.
    • Requires county juvenile courts and school districts to establish and maintain community truancy boards and employ other best practices by the 2017-2018 school year.
    • Increases the number of beds in HOPE centers and crisis residential centers in order to facilitate their use for truant students / Less Restrictive Alternative.  
    • Strengthens the juvenile court's ability to seek a chemical dependency or mental health assessment for a child subject to a truancy petition, if the court finds that such an assessment might help to reengage a child in school.
    • Requires juvenile courts to provide secure detention data to the Administrative Office of the Courts and details the minimum data requirements:
      • Name, date of birth, case number, reasons for admission, data of admission, date of exit, time spent in confinement.  
    • Encourages reporting detention alternatives data including time spent in detention alternatives.
    • Requires the administrative office of the courts and the juvenile court administrators to develop uniform detention data standards.
    • Tasks the administrative office of the courts to deliver a report to the legislature on youth placed in detention facilities during the preceding year.  First report is due March 1, 2017.  This report will include:
      • Most serious reason for detention, gender, race, ethnicity and whether the juvenile were detained related to truancy, at-risk youth and/or a child in need of services petition.
    • The following Docket Codeswere approved by the JIS Codes Committee and are available:
      • CTBACS - Community Truancy Board Agreement Cover Sheet
      • CTBRC - Community Truancy Board Return Case
    • The following Docket Codesalready exist and can be used:
      • ORSP - Order to Stay Proceedings
      • ORRS - Order Revoking Stay
      • ORH - Order for Hearing
  • Effective- 6/9/2016

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 SHB 2541 - Providing for Less Restrictive Involuntary Treatment Orders

  • Bill #2541
  • Summary - This bill amends RCW 71.05.230, 71.05.240, and 71.05.585, to add specific language in petitions for a less restrictive alternative treatment as an alternative to involuntary intensive treatment and the orders responding to the petitions.
  • Court Awareness- The order must name the mental health provider responsible for identifying the services the person will receive and include a requirement that the person cooperate with the services planned by the mental health provider.  A care coordinator assigned to a person ordered to less restrictive alternative treatment must submit an individualized plan to the court that entered the order as soon as possible following intake, and a revised plan must be submitted upon any subsequent modification.
    • A new cover sheet will be created by the Pattern Forms Committee and will be available by the effective date.
    • The following Docket Codeswere approved by the JIS Codes Committee and are available:
      • IIPCS - Initial Individualized Plan Cover Sheet
      • RIPCS - Revised Individualized Plan Cover Sheet
  • Effective - 6/9/2016

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ESHB 2591 - Notifying Foster Parents of Dependency Hearings and Their Opportunity to be heard in Those Hearings

  • Bill #2591
  • Summary - Requires the Department of Social and Health Services to provide foster parents, pre-adoptive parents, and caregivers with timely and adequate notice of their right to be heard before each dependency court proceeding. Requires a court to make written findings regarding whether foster parents, pre-adoptive parents, or caregivers were notified of dependency court hearings, whether the court received a caregiver's report, and whether the court provided the foster parents, pre-adoptive parents, or caregivers an opportunity to be heard. Requires the Administrative Office of the Courts to include information regarding whether foster parents received timely notification of court hearings and whether caregivers submitted reports to the court in the Annual Dependency Timeliness Report.
  • Court Action -
    • ***The Pattern Forms Committee has updated the Dependency Petition and is available on the Court Forms page.
    • ***The following docket codes were approved by the JIS Codes Committee on June 8, 2016 and are available for immediate use:
      • CGATN - Caregiver Given Adequate Timely Notice
      • CGNATN - Caregiver No Adequate Timely Notice
  • 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; temporary driver's license; DOL hearing regarding license suspension due to DUI.
  • 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.
    • 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.
    • 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 an Immediate Family Member, Guardian, or Conservator to Petition the Court for the Initial Detention under the Involuntary Treatment Act

  • Bill # -2808
  • Summary - The bill amends the process for a person's immediate family member, guardian, or conservator to petition the court for the person's 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.
    • The associated Pattern Forms may be updated. This answer will be updated if the forms change.
  • Effective -6/9/2016

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ESHB 2906 - Rehabilitation and Reintegration of Juvenile Offenders

  • Bill # 2906
  • Summary - This bill adds rehabilitation and reintegration of juvenile offenders to the purposes underlying the Juvenile Justice Act of 1977. Creates a strong presumption that courts defer a juvenile offender's disposition when eligible. Removes many fixed fines and provides for judicial discretion regarding fines for juveniles found to have committed some motor vehicle related offenses. Reinforces discretion when determining whether to file the information as a domestic violence offense if the juvenile offense was committed against a sibling, parent, stepparent, or grandparent. Eliminates the requirement that courts and diversion units notify the Department of Licensing (DOL) after a juvenile offender's first offense or diversion agreement for an offense while armed with a firearm or offense related to drugs or alcohol.
  • Court Awareness -
    • In all cases where the juvenile is eligible for a deferred disposition, there shall be a strong presumption that the deferred disposition will be granted.
    • The court shall not notify DOL if a juvenile enters into a diversion agreement for charges under Chapters 66.44, 69.41, 69.50, or 69.52 RCW and RCW 9.41.040.
    • Also, 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 RCW 9.41.040. 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.
    • ***The felony 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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ESSB 5029 - Concerning the Revised Uniform Fiduciary Access to Digital Assets Act

  • Bill #5029
  • Summary - Creates standards for custodians of the digital assets of others which address how custodians must disclose digital asset information to the personal representatives of deceased person's estate, court- appointed guardians of persons who have been adjudicated incapacitated, trustees and attorneys in fact under a power of attorney who are in need of access to the information to fulfill their duties.
  • Court Action -
    • A new SCOMIS Case Type 2 or Odyssey Civil Case type filing is identified in this bill but a new cause code will NOT be established. It is suggested that the Miscellaneous (MSC) Cause Code be used.
    • The Pattern Forms Committee will review the legislation to determine if Court Forms changes are needed. This answer will be updated if the forms change.
  • Effective - 6/9/2016

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ESSB 5635 - Enacting the Uniform Power of Attorney Act

  • Bill #5635
  • Summary - The bill enacts the Uniform Power of Attorney Act.  It allows a principal/agent, guardian of an estate or person of the principal, any other person interested in the welfare of the principal that believes the courts intervention is necessary, or a person asked to accept a power of attorney may petition the court.  Petitions may be filed to determine whether or not the power of attorney is in effect, may request the agent to be compelled to submit accounts/reports, may request ratification of past acts or approval of proposed acts, or may request that the agent be refrained from exercising authority.  Additionally petitions may be filed to remove an agent, approve resignation of an agent, confirm a successor agent, to order an agent to furnish a bond, or to compel a third person to honor the agents authority.
  • Court Awareness - A new SCOMIS Case Type 2 or Odyssey Civil Case type filing is identified in this bill but a new cause code will NOT be established. It is suggested that the Miscellaneous (MSC) Cause Code be used.
  • Effective - 1/1/2017

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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.
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective -6/9/2016

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E2SSB 6242 - Requiring the Indeterminate Sentence Review Board to Provide Certain Notices Upon Receiving a Petition for Early Release

  • Bill #6242
  • Summary - This bill requires the Indeterminate Sentence Review Board (ISRB) to provide certain notices upon receiving a petition for early release.
  • Court Awareness - Upon receipt of a petition for early release or upon determination of a parole eligibility review date, the ISRB must provide notice and a copy of a petition or parole eligibility documents to the sentencing court, prosecuting attorney and crime victim or surviving family member.  Upon written request of the sentencing court, prosecuting attorney, or crime victim, the ISRB must also provide any assessment, psychological evaluation, institutional behavior record or other exam of the offender at least 90 days before the early release hearing or parole eligibility review hearing.
  • Effective - 6/9/2016

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SSB 6295 - Clarifying the Venue in Which Coroner's Inquests are to be Convened and Payment of Related Costs

  • Bill #6295
  • Summary - This bill requires courts to schedule a courtroom for inquests at the request of county coroners within certain time limits. If a court does not have a courtroom available or it cannot locate a comparable public venue, it must transfer the inquest to another county within 100 miles of the requesting county. The county that requests the inquest must pay related costs to a county where an inquest is transferred.
  • Court Awareness - RCW 36.24.020 is amended to require the transferring county to pay per diem, mileage and other related costs when an inquest is transferred to a different county due to courtroom unavailability.
  • Effective - 6/9/2016

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ESB 6413 - Modifying Residential Landlord-Tenant Act Provision Relating to Tenant Screening, Evictions, and Refunds

  • Bill #6413
  • Summary - The bill modifies the residential landlord-tenant act provisions relating to tenant screening, evictions, and refunds by allowing respondents in unlawful detainer actions to get a court order limiting the dissemination of the case details.  When granted, the tenant screening service provider must not disclose the existence of the unlawful detainer or use the unlawful detainer action as a factor in determining any score or recommendation in the screening report.
  • Court Awareness - The following Docket Codewas approved by the JIS Codes Committee and will be available by the effective date: 
    • ORGLD Order Granting Limited Dissemination
    • This code is to be used on Civil Unlawful Detainer cases on SCOMIS Civil Case Type 2 or Odyssey Civil Cases.
  • Effective - 6/9/2016

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RN id: 2415"