Which laws passed during the 2017 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?


A number of bills passed during the 2017 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

SHB 1079 - Criminal No-Contact Order for Human Trafficking and Promoting Prostitution-Related Offenses

  • Bill # 1079
  • Summary - Creates a No-Contact Order in criminal proceedings for human trafficking under Chapter 9A.40 RCW and promoting prostitution under Chapter 9A.88 RCW.
  • Court Impact-
    • The court is required to send the orders to law enforcement for entry into the statewide system, WACIC, within one business day.
    • The court is required to send a certified copy of the order to the protected person(s).
    • The Pattern Forms Committee has developed a multi-purpose no-contact order for use in criminal cases regarding human trafficking or promoting prostitution. The order will be available on the Court Forms page for use by the effective date.
    • New Codes have been created and will be available for use by the effective date:
      • An Order Code has been created: HTP - Human Trafficking/Promoting Prostitution NCO.
      • A Case Condition Code has been created: HTP - Human Trafficking/Promoting Prostitution NCO. This code will automatically be added to the Plea/Sentence (PLS) screen when an HTP order is entered on the Order Add (ORDA) screen.
  • Effective - 7/23/2017

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HB 1140 - Judicial Stabilization Trust Account

  • Bill # 1140
  • Summary - This bill amends RCWs 3.62.060, 36.18.018, and 36.18.020 to change the sunset date of the JST fee from July 1, 2017,17 to July 1, 2021.
  • Court awareness - There are no changes in JIS due to the passing of this bill.
  • Effective - 7/1/2017

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ESSHB 1163 - Assault 4th Degree DV with Priors

  • Bill # 1163
  • Summary - This bill makes a fourth Assault 4th DV charge a Class C Felony if the domestic violence was pled and proven and the person has two or more prior adult convictions as specified within 10 years, where domestic violence was pled and proven.
  • Court Knowledge-
    • A DNA sample must be collected for every adult convicted of Assault 4th DV where the domestic violence was pled an proven.  The existing DN1-DN9 Cost Fee Codes can be utilized to receipt the $100 DNA fee.
    • New Domestic Violence Definition of Family or Household Member under 9A.36.041(4). If 9A.36.041(4) is included in the charge, the charge should be marked as DV- Yes.
    • New Felony charge of 9A.36.041(3) will always be marked as DV- Yes.
      The existing Assault 4th degree laws will be removed from the law table and two new laws, one Class C Felony and one Gross Misdemeanor will be added to the law table.
    • Removed:
      • RCW 9A.36.041 - Assault 4th Degree
      • RCW 9A.36.041(1) - Assault 4th Degree
    • Added:
      • RCW 9A.36.041(2) - Assault 4th Degree - Gross Misdemeanor
      • RCW 9A.36.041(3) - Assault 4th Degree DV Priors - Class C Felony
    • The list of law table changes can be found attached to the bottom of this answer.
  • Effective - 7/23/2017

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SHB 1199 -Youth Courts - Transit Infractions

  • Bill # 1199
  • Summary - A youth court created under Chapter 3.30, 3.46, 3.50 or 35.20 RCW shall now also have jurisdiction over transit infractions, in addition to traffic infractions, that have been alleged to have been committed by juveniles' age sixteen or seventeen.
  • Court Awareness - The court may refer a juvenile to the youth court upon request of any party or on its own motion.  To be referred to a youth court pursuant to his chapter, a juvenile:
    • May not have had a prior traffic or transit infraction referred to a youth court; 
    • May not be under the jurisdiction of any court for a violation of any provision of Title 46 RCW or for unlawful transit conduct under RCW 9.91.025;
    • May not have any convictions for a violation of any provision of Title 46 RCW or for unlawful transit conduct under RCW 9.91.025;
    • Must acknowledge that there is a high likelihood that he or she would be found to have committed the traffic or transit infraction.
  • Effective - 7/23/2017

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SHB 1501 - Denied Firearm Transactions

  • Bill # 1501
  • Summary -This bill creates one new violation for failure to report a denial of an application to purchase a firearm under Chapter 9.41 RCW.
  • Court Knowledge - A new misdemeanor of Firearms Dealer Fail to Report to Denial of Application will be added to the law table.
  • Effective: 7/23/2017

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ESHB 1594 - Improving Public Records Administration

  • Bill # 1594
  • Summary -This bill increases the portion of the Auditor's Office filing fee that is deposited in the Local Government Archives 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 $73.00 to $74.00.
  • Court Awareness - The Cost Fee Code Name Change Auditor's Fee (NCA) will be increased to $74.00 by the effective date.
  • Effective - 7/23/2017

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SHB 1605 - Vessel Impounds

  • Bill # 1605
  • Summary - The bill adds a new type of Civil Impound hearing for vessels, to be heard at the District or Municipal court of the jurisdiction where the vessel was impounded or impounded and towed.
  • Court Information - Only law enforcement can order the vessel to be impounded or impounded and towed.  The law enforcement agency that orders the impound will determine the court that has jurisdiction over the Vessel Impound hearing.  The hearing shall determine if the impound or impound and tow was proper or improper, can review the fees charged to verify that they are in compliance with the fees allowed by statute, and who is responsible for the payment of the fees.
  • Court Knowledge - Vessel impounds will be processed similarly to Vehicle Impounds, however since law enforcement are the only ones allowed to order the impound, only the Cause Code of PUB will be used. If a Municipal officer orders the impound the Municipal Court has exclusive Jurisdiction over the Vessel Impound hearing.
    Vessel Impound hearing requests must be filed within 10 business days of the date the instructions were mailed to, or served on, the owner of the vessel.  Within 5 days of the request being filed, the court must notify the impound facility, the registered owner of the vessel, and the officer or law enforcement agency that authorized the impound or impound and tow of the hearing date.
    • If impoundment is found proper, the fees plus court costs must be assessed against the petitioner.
    • If impoundment is found Improper, the agency that authorized the impound is liable for fees.
      • A judgment in favor of the facility that impounded or impounded and towed the vessel and against the agency that authorized the impound shall be entered for the impound fees.
      • A judgment in favor of the petitioner and against the agency that authorized the impound shall be entered for the amount of the Civil Filing Fee.
    • If any judgment entered is not paid within 15 days of notice of entry the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment.
      • Notice of entry of the judgment may be made by registered or certified mail.
      • The language required for the notice is provided in Section 1 (15)(f) of the bill.
  • Court Impact - The regular Civil Filing Fees apply to these filings.  Changes are being made to the descriptions of three existing codes to allow them to be used for both Vehicle and Vessel Impound hearings:
    • Civil Cause Code PUB - Public Tow will now read PUB - Public Tow/Impound
    • Civil Judgment Code TI - Towing Improper will now read TI - Tow/Impound Improper
    • Civil Judgment Code TP - Towing Proper will now read TP - Tow/Impound Proper
      Note:
      When the Civil Judgment code of either TI or TP is entered, the fee amount(s) and who is responsible for paying the fees should also be entered on the CVJ screen.
  • Effective - 7/23/2017

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E2SHB 1614 - Impaired Driving

  • Bill # 1614
  • Summary - The bill amends the impaired driving laws in an effort to combat the crime of driving under the influence and to promote safety for all persons using the public roadways.
  • Court Awareness - Officers must arrest/book a person on the probable cause of DUI or Physical Control if that person is charged with or awaiting an arraignment on any offense that would be considered a prior offense if it were a conviction.
  • Court Knowledge - The Failure to Appear (FTA) language was updated to allow an FTA to be issued when the person failed to appear after they were provided notice of a traffic-related infraction or traffic-related criminal complaint, not only if they were served with the notice of the citation.
    A Defendant cannot have a Misdemeanor or Gross Misdemeanor Conviction vacated on an offense that was DUI related, if less than 10 years has elapsed since the date of the arrest for the prior offense. The Seal, Vacate, and Expunge Brochure has been updated and has been posted to the Washington Court Resource page.
  • Court Impact - Courts may consider home monitoring or a 24/7 sobriety program in lieu of the mandatory minimum term of imprisonment and EHM, based on BAC levels and prior offenses.  Pre-trial 24/7 sobriety program time may also be considered for credit for time served.  The DUI Sentencing Worksheet is currently being modified; this answer will be updated when the new version is available.
    • Use Credit for Time Served codes T or C in the Plea/Sentence (PLS) screen to indicate when time has been served in an alternative to in custody.
      • T requires the entry of the number of days served and is best used if there is remaining time to be served.
      • C does not require the entry of the number of days served and is best used if all time ordered has already been served.
      • Please review the manual page see the docket entries for these two codes.
  • Court Action - The DUI Conviction Fee has been increased from $200 to $250.
    • Cost Fee Code DUC - DUI-DP Acct Fee has been updated to reflect the change.
    • The County Department Cross Reference (DCXT) worksheet has been updated.
    • Courts should review the DCXT worksheet for new BARS Codes that should be entered into JIS.
  • Effective - 7/23/2017

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SHB 1813 - DOL's Address of Record

  • Bill # 1813
  • Summary - This bill allows the Washington State Department of Licensing to combine the address records for Vehicle Registrations, Vessel Registrations, and Drivers' Records as part of implementing their new program, DRIVES.
  • Court Knowledge - The implementation of the new DRIVES program will require changes to the display of the Abstract of Driving Record (ADR) in JIS and Odyssey beginning in the Fall of 2018.  Additional updates will be provided to the courts as the project is closer to implementation. 
  • Effective - 7/23/2017

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SB 5037 - Making a Fourth Driving Under the Influence Offense a Felony

  • Bill # 5037
  • Summary - A person may be charged with felony DUI or Physical Control if the person's criminal record includes three or more prior offenses instead of four or more within ten years.
  • Court Awareness - A felony DUI is ranked at Level IV, instead of Level V, on the felony sentence grid, which means that a person with three prior DUI or Physical Control offenses and no other criminal history would be subject to a standard sentencing range of 13 to 17 months incarceration.

    Prior offenses include convictions for:
    • DUI or Physical Control;
    • Vehicular homicide and vehicular assault if either was committed while under the influence;
    • Negligent driving after having consumed alcohol (wet neg), and reckless endangerment, if the original charge was DUI, Physical Control, vehicular homicide, or vehicular assault; and
    • An equivalent local DUI or Physical Control ordinance or out-of-state DUI law.
  • Court Impact - The amendments to the CrRLJ 4.2(g) statement of plea of guilty and ""DUI"" attachment have been made and should be available by the effective date.
  • Effective - 7/23/2017

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SSB 5081 - Revised Uniform Law on Notarial Acts

  • Bill # 5081
  • Summary - This bill revises the laws related to notary public.
  • Court Knowledge - RCW 42.44.160 was repealed and an existing Misdemeanor will be end dated effective July 1, 2018.
  • Effective - 7/1/2018

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ESSB 5131 - Marijuana

  • Bill # 5131
  • Summary - Concerning marijuana with respect to privileges for research licenses, local authority notifications, the retail licensing merit-based application process, certain transfers of plants and seeds, licensing agreements and contracts, advertising, and jurisdictional requirements.
  • Court Awareness - The existing violation Under 21-year-old  in possession of marijuana Class C felony under RCW 46.50.4013(4) is renumbered to RCW 46.50.4013(5). 
  • Effective - 7/23/2017

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ESSB 5256 - Sexual Assault Protection Order

  • Bill # 5256
  • Summary - Bill addresses the duration of sexual assault protection orders and sets forth the criteria for the motion/order for renewal process. 
  • Court Awareness -  Currently, final sexual assault protection orders are eligible to be granted only for a 2-year period.   This bill amends RCW 7.90.120 to allow a final sexual assault protection order to be permanent. 
  • Court Impact - Sexual assault protection Order Codes SXP and MSP can now be added into the Judicial Information System (JIS) with any date, up to the high date of 12/31/2099.  Orders deemed ""permanent"" should use the high date of 12/31/2099. See eService Answer: Expiration date on permanent orders for more information.
  • Effective - 7/23/2017

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SSB 5272 - Vacating Convictions for Victims of Forced Prostitution

  • Bill #5272
  • Summary - The bill amends the existing misdemeanor and gross misdemeanor conviction vacation laws that allow the vacation of certain prostitution-related crimes, even when the applicant has had a subsequent conviction, if they can prove by a preponderance of the evidence that they committed the crime as a result of being a victim of certain prostitution-related crimes.
  • Court Knowledge- A Defendant can have a Misdemeanor or Gross Misdemeanor Conviction vacated on an offense, even if they have a new criminal conviction, if the new conviction is proven by a preponderance of the evidence that they were a victim of one of the following, according to the requirements provided in RCW 9.96.070 for each respective conviction:
    • Trafficking under RCW 9A.40.100
    • Promoting Prostitution 1st Degree under RCW 9A.88.070
    • Promoting Commercial Sexual Abuse of a Minor under RCW 9.68A.101
    • Trafficking in Persons under the Trafficking Victims Protection Act of 2000, 22 U.S.C. Sec 7101 et seq.
    • The Seal, Vacate, and Expunge Brochure has been updated and is posted on the Washington Courts Resource page. 
  • Effective - 7/23/2017

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 SSB 5289 - Distracted Driving

  • Bill # 5289
  • Summary - This bill provides an update to use of personal electronic devises and distracted driving infractions.
  • Court Awareness -
    • Previous cell phone use while driving and texting while driving infractions under RCW 46.61.667 and RCW 46.67.668 have been repealed and will be removed from the law by the effective date.
    • New infractions for first offense and second or subsequent offense of Use of Personal Electronic Devise While Driving are created under Chapter 46.61 RCW and will be added to the law table once codified.
    • A new infraction of Driving Dangerously Distracted is created under Chapter 46.61 RCW and will be added to the law table once codified.
  • Court Impact- The Driving Dangerously Distracted infraction has a base penalty of $30 and the funds are to be deposited in the Distracted Driving Prevention Account. This requires a new Remit Group (subaccount) and BARS code to be created for the infraction.
  • Effective - 7/23/2017

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SSB 5336 - Damaging, Destroying, Tampering, or Removing Ballot Return Boxes or Contents

  • Bill # 5336
  • Summary - This bill created crimes for ballot deposit box damage, destruction, or removal as well as removal of ballots from a polling place.
  • Court Knowledge - Two new felonies were added to RCW 9A.48.080 and one existing gross misdemeanor was changed to a felony under RCW 29A.84.540:
    • New Class B Felony - Malicious Mischief 1st Degree - Remove Ballot Box
    • New Class C Felony - Malicious Mischief 2nd Degree - Remove Ballot Box
    • Gross Misdemeanor increased to Class C Felony - Remove Ballot from Voting Center
  • Effective - 7/23/2017

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ESSB 5338 - Off-Road Vehicles and Snowmobiles - Registration Enforcement

  • Bill # 5338
  • Summary - This bill adds a new section to RCW 46.09, RCW 4.10, RCW 46.93, to regarding the framework for governing penalties and non-compliance of off-road vehicle registration.
  • Court Information - Motorsport vehicle manufactures are now required to submit a report to DOL by February each year for off-road vehicles and snowmobiles sold to Washington residents out of state. 
  • Court Awareness - Creates 2 new gross misdemeanors for Failure to Register an Off-Road Vehicle and Failure to Register a Snowmobile.
  • Effective - 8/1/2017

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 SSB 5356 - Humane Treatment of dogs

  • Bill # 5356
  • Summary - This bill adds a new section to chapter 16.52 RCW promoting humane treatment of dogs and prohibiting tethering in certain circumstances.
  • Court Awareness - The first offense can be a warning or an infraction while a second offense and third or subsequent offenses must be cited as infractions.  Three new infractions were added to the law table for this bill.
    • Inhumane Dog Treatment 1st Offense - Civil Infraction
    • Inhumane Dog Treatment 2nd Offense - Class 2 Civil Infraction
    • Inhumane Dog Treatment 3rd or subsequent Offense - Class 1 Civil Infraction.
  • Effective - 7/23/2017

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