Which laws passed during the 2020 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts?


A number of bills passed during the 2020 legislative session impact the Courts of Limited Jurisdiction (CLJ).


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 Awareness/Court Impact/Court Action 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 update 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 1293 - Concerning the Distribution of Monetary Penalties to Local Courts and State Agencies Paid for Failure to Comply with Discover Pass Requirements


  • Bill #1293
  • Summary - This bill modifies Discover Pass monetary penalty fee distribution process by requiring 25% of discover pass penalty fees collected to be retained by the county.  Requires the county treasurer (1) to remit 75% of money received from discover pass penalty fees to the state treasurer for deposit in the Recreation Access Pass Account previously established under RCW 79A.80.080(5), and, (2) to deposit the balance of the non-interest money received from discover pass penalty fees in the county current expense fund.
  • Court Awareness - A new BARS Code will be added for use with all Discover Pass infractions to include the new splits, which will require all local laws table entries to be updated.  Changes to the local law table entries on the Fine Penalty Update Screen will be made by the AOC Law Table Maintenance team.
  • Court Action - Courts with Parking Code Violation Table (PRKVIO) entries for Discover Pass violations will still need to do updates to their table entries to:
    • Update the existing code with the end effective date of June 10, 2020 using the "Remove" command.
    • Add the code again with the new beginning effective date of June 11, 2020
  • Effective - 6/11/2020
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3SHB 1504 - Concerning Impaired Driving
  • Bill #1504
  • Summary - This bill makes many changes to the current DUI statutes, including 1) allowing the court discretion to impose alternative penalties to the mandatory minimum sentence for first-time impaired driving offenses, 2)modifies alternative penalties available on second or third offenses if there is a risk to the offender's physical or mental well-being, 3) allows courts to impose emergency response recoupment costs for an incident caused by a physical control while under the influence offense, and 4) modifies the penalties for impaired driving cases involving minor passengers.
  • Court Awareness - Physical Control convictions can now have Emergency Response fees imposed, similar to the DUI violations.  Use the existing DUI Emergency Response fee Cost Fee Codes to track the fees on Physical Control convictions.  This portion of the bill is effective June 11, 2020.  The DUI Sentencing Grid will be updated to indicate all changes resulting from this bill.
  • Court Impact - When Emergency Response Fees are imposed on Physical Control violations, there are two options for adding them to a case, the same way they can be added for current DUI convictions:
    • For courts with one jurisdiction only, utilize the appropriate DUI Emergency Response - Aid (DEA), DUI Emergency Response - Fire (DEF) or DUI Emergency Response (DER) Cost Fee Codes and money receipted will be remitted directly to the city or county to go towards the law enforcement, fire, or aid department for cost recoupment.
    • For courts with multiple jurisdictions the remittance process may not get the money to the appropriate department, depending on how the jurisdiction/court connections are set up in JIS, so the alternative process is to set up the law enforcement agency, fire department, or aid department as a restitution recipient.
  • Court Action - 
    • Effective January 1, 2022, the court must immediately notify the Department of Licensing (DOL) of any Ignition Interlock License Restriction violation convictions, including those for tampering with the Ignition Interlock Device components.  For eTickets, the conviction information will be reported during the automated disposition reporting process; for paper tickets, the conviction must be reported that day using the DOL manual reporting tool.  
    • Pattern forms will be updated and available on the Court Forms web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - Physical Control Emergency Response fees - 6/11/2020; Immediate notification of IIL convictions to DOL - 1/1/2022.


ESHB 1551 - Modernizing the Control of Communicable Diseases

  • Bill #1551
  • Summary - This bill amends and repeals various statutes relating to communicable diseases. It authorizes a state or local health officer to conduct an investigation when there is reason to believe a person has a sexually transmitted disease and is endangering the public health, requires the health officer to first attempt to obtain the person's voluntary cooperation before issuing a health order, and allows the health officer to petition the superior court for enforcement of a health order. It also creates a gross misdemeanor for violating a health order, having intercourse while knowingly infected with HIV, or knowingly misrepresenting infection status. 
  • Court Awareness- The statewide law table has been updated to include a new Misdemeanor and two Gross Misdemeanors for this bill.
  • Court Impacts -
    • Impacts to pattern forms have been identified. Any pattern form updates will be available on the Court Forms web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Effective - 6/11/2020
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ESHB 2231 - Concerning Bail Jumping
  • Bill # 2231
  • Summary - This bill amends RCW 9A.76.170 concerning bail jumping.  It 1) creates a new crime for failure to appear before the court or surrender, punishable as a misdemeanor or gross misdemeanor depending upon the classification of the underlying offense and 2) creates an affirmative defense to prosecution for bail jumping and failure to appear when uncontrollable circumstances prevent the defendant from appearing or surrendering, the defendant did not negligently disregard the requirement to appear or surrender, and the defendant appeared or surrendered as soon as possible.
  • Court Awareness - A new misdemeanor and gross misdemeanor have been added to the statewide law table for this bill.  
  • Effective - 6/11/2020

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SHB 2246 - Concerning the Reorganization of Laws Related to Environmental Health Without Making any Substantive Policy Changes  

  • Bill # 2246
  • Summary - This bill recodifies statutes and makes technical amendments regarding environmental and public health laws, adds a new title (Title 70A) to the Revised Washington Code (RCW), and repeals RCW Chapter 70.105E. 
  • Court Awareness - Multiple laws will be recodified due to the changes made in this bill.  Changes to the statewide law table will be made once the recodification has been completed by the Code Reviser's office.
  • Effective - Section 1035 6/30/2021; sections 1446-1450 7/1/2020; all others 6/11.2020
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SHB 2295 - Concerning Enforcement of Small Claims Court Judgments

  • Bill # 2295
  • Summary - This bill provides that if the losing party in a small claims matter fails to pay the judgment within 30 days after entry of the judgment on the judgment docket of the district court: 1) garnishment, execution, and other process on execution provided by law may issue; and 2) the prevailing party may file a transcript or certified copy of the district court judgment with superior courts for entry in the superior courts' lien dockets.  Strikes language that enforcement may occur once the judgment is entered on the district court's docket.
  • Court Awareness - Court still needs to follow the steps to immediately convert the Small Claims Judgment to a Civil Docket outlined in eService Answer: Small Claims to Civil Docket.  The change only impacts how soon the prevailing party can move forward with collection and garnishment actions against the losing party on the case.
  • Court Impact - 
    • The Small Claims Judgment Pattern Form will be updated and posted to the Court Form web site on the Washington Courts web site prior to the effective date of the bill.
    • The Small Claims Court brochure has been updated and attached to the bottom of this answer.  It will be posted to the Resources, Publications and Reports web page, on the Washington Courts web site, prior to the effective date.
    • eService Answer: Small Claims to Civil Docket has been updated with the additional instructions related to this bill.
  • Effective - 6/11/2020
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SHB 2473 - Concerning Domestic Violence

  • Bill # 2473
  • Summary - This bill adds the term ""intimate partner"" to various statutes concerning domestic violence, elevates assault in the fourth degree to a class C felony where domestic violence (and domestic violence against in intimate partner) are pled and proven and the person has at least two prior adult convictions within ten years for repetitive domestic violence, harassment, assault in the third degree, assault in the second degree, or assault in the first degree, and allows comparable offenses from municipal and foreign jurisdictions to be used to determine if assault in the fourth degree should be charged as a felony.
  • Court Awareness - No additional laws will be added to the JIS Law Table for this bill unless requested.  
  • Effective - 6/11/2020
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SHB 2476 - Concerning Debt Buyers

  • Bill # 2476
  • Summary - This bill defines ""debt buyers"" and precludes a debt buyer from bringing a legal action against a debtor unless: (1) attached to the complaint is a copy of contract or writing with debtors signature; provides guidance for credit card and electronic transactions without signed writings, (2) prior to requesting a default judgment, there is evidence of court rules compliance, and (3) complaint includes a disclosure that states: (a) action brought by collection agency, (b) date claim or obligation was purchased, (c) identity of debt collector, (d) plaintiff may have purchased obligation for less than value stated in complaint, (e) obligation or claim was sold without representation or warranty of accuracy, and (f) action is not barred by statute of limitations.
  • Court Awareness - No new codes are being created for the implementation of this bill.  
  • Effective - 6/11/2020
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SHB 2527 - Concerning the Rights of Washingtonians During the US Census

  • Bill # 2527
  • Summary - This bill creates the Washington Census Bill of Rights and Responsibilities to ensure that all Washingtonians (native English speakers and non-English speakers) know their right and obligation to participate in the federal decennial census freely and without fear of intimidation, fraud, or harm. It creates a gross misdemeanor of ""impersonating a census taker"" and defines the elements of it.  It defines certain census-related actions as unfair or deceptive practices under the Consumer Protection Act.
  • Court Awareness - A new gross misdemeanor has been added to the JIS law table.
  • Effective - Immediately (3/18/2020)
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SHB 2567 - Concerning Open Courts

  • Bill # 2567
  • Summary - This bill creates the Courts Open To All Act.  The act prohibits judges, court staff, security personnel, prosecutors and their staff from requesting litigant information related to immigration or citizenship status, sharing non-publicly available information with immigration authorities, or alerting immigration authorities of a litigant's court dates or intent to utilize court services unless required by federal law or court order. Judicial officers may make inquiries as necessary to adjudicate cases and may enter orders or impose conditions to limit disclosure of information regarding immigration and citizenship status as deemed appropriate.  It requires the governmental entity responsible for security of a court facility to collect information regarding all law enforcement officers, including plain clothed officers, entering court facilities unless present to participate in a case or proceeding before the court. Information collected must not include personal identifying information concerning individuals who were the target of the law enforcement action.  The bill prohibits civil arrest of individuals going to, attending, or returning from a court facility unless pursuant to a court order, necessary for the safety of judicial officers, staff and the public, or when the criteria for warrantless arrests is met and requires a designated judicial officer at each court facility to review any court order proffered prior to allowing a civil arrest in or at a court facility.  
  • Court Awareness - 
    • The governmental entity responsible for security of the court facility must record specific information regarding law enforcement officers entering the building (i.e., name, agency, date, time, specific law enforcement officers), unless the officer's purpose is to participate in a proceeding before the court.  The information must be immediately transmitted to appropriate court staff and sent monthly to the Administrative Office of the Courts (AOC).  Prior to any civil arrests in or on a court facility, a designated judicial officer must review a court order authorizing the arrest. A standard form for information collection by the governmental entity responsible for security at a court facility will be created by the AOC.
    • SHB 2567 is referenced extensively in the model courthouse policy developed by the Attorney General's Office for E2SSB 5497 from the 2019 legislative session.  For more information see eService Answer ID 2511 - 2019 legislative changes impacting Courts of Limited Jurisdiction.
  • Court Impact- Information collected by the governmental entity responsible for security at a court facility regarding law enforcement officers entering the facility must be immediately transmitted to the appropriate court staff.  Designated court staff must also be notified without delay if a law enforcement agent covered by this section is present in the court facility with the intent of conducting a civil arrest.
    • The governmental entity responsible for security at a court facility must transmit the collected information about law enforcement officers entering the facility to AOC on a monthly basis.  Forms can be submitted via email at the email address specified on the form.  A dedicated email address will be developed prior to the first reporting period. AOC must publish information received quarterly beginning October 2020Quarterly Reports will be published on a page within the public website, www.courts.wa.gov, on the Quarterly Reports of Law Enforcement Action at Courthouses page.
  • Effective - 6/11/2020
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ESHB 2571 - Concerning Increased Deterrence and Meaningful Enforcement of Fish and Wildlife Violations 

  • Bill # 2571
  • Summary - This bill reorganizes and reclassifies certain fish and wildlife violations and adds additional violations which may be cited as infractions.
  • Court Awareness - Changes to Court Rule IRLJ 6.2 will be submitted for review in the future to align the law numbers amended in this bill with the law numbers listed in the court rule. Additional changes will be made to some Fish and Wildlife infractions due to the renumbering, renaming, addition, and removal of some laws.
  • Effective - 6/11/2020
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SHB 2622 - Concerning Procedures for Ensuring Compliance with Court Orders of Firearms, Weapons, and Concealed Pistol Licenses

  • Bill # 2622
  • Summary - This bill authorizes the court to hold a compliance review hearing and initiate contempt proceedings if there is probable cause to believe a respondent failed to comply with an order to surrender weapons pursuant to a criminal case or extreme risk protection order. It requires law enforcement to file an affidavit with the court if there is reasonable suspicion that the respondent is not compliant with the order to surrender weapons.  
  • Court Awareness - Surrender Weapons Orders must be personally served if the order is entered in open court and the defendant or respondent are present.  It requires that receipt and service must be acknowledged by the defendant or respondent, and allows an agent of the court to indicate on the record that service was refused if the defendant or respondent will not accept service and requires service and receipt of service to be entered into the record and a copy of the order and service must be transmitted immediately to law enforcement. 
  • Court Impact - For both Criminal and Civil Cases:
  • Court Action - Courts must go to the Hearing Type Add screen (HRTA) to add your local versions of the new hearing code for use in that court.
  • Effective - 6/11/2020
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SHB 2632 - Concerning False Reporting of a Crime or Emergency

  • Bill # 2632
  • Summary - This bill 1) separates the crime of false reporting into first, second and third degree crimes; 2) specifies that false reporting is committed where the report was made, received, or the place of the evacuation; 3) gives prosecutors discretion to prosecute or divert a juveniles first false reporting offense; and 4) allows victims to bring a civil action for damages and other appropriate relief from the person who committed false reporting or any person who knowingly benefits in a venture that the person knew or should have known would have violated this act.
  • Court Awareness - Creates one new gross misdemeanor, one Class C felony, and one Class B felony.
  • Effective - 6/11/2020
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ESHB 2638 - Authorizing Sports Wagering Subject to the Terms of Tribal-State Gaming Compacts

  • Bill # 2638
  • Summary - This bill allows sports wagering in tribal casinos, though wagering on any minor league sport is prohibited.  It also authorizes the transmission of gambling information over the Internet for sports wagering if the wager is placed and accepted at a tribe's gaming facility and the customer placing the wager is physically on the premise of that tribe's gaming facility.
  • Court Awareness - New felonies have been added by this bill and one previous gross misdemeanor is now a felony.
  • Effective - Immediately (3/25/2020)
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2SSB 5149 - Monitoring of Domestic Violence Perpetrators

  • Bill # 5149
  • Summary - This bill enacts the Tiffany Hill act, which pertains to electronic monitoring with victim notification technology.  It amends the definition of electronic monitoring to include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location. The bill does not change when or whether electronic monitoring can be ordered.
  • Court Awareness - AOC is also required to develop a list of vendors or enter into a contract with a vendor that provides electronic monitoring with victim notification technology, and provide outreach to counties as to how courts may access the vendor or vendors.  An informational handout will be developed regarding electronic monitoring with victim notification technology.
    • A new informational pamphlet has been made available to provide information about Electronic Monitoring with Victim Notifications to victims seeking protection orders.  The new DV Pamphlet has been posted to the Resources, Publications and Reports web page, on the Washington Courts web site, under the Publications section of the page..  A copy has also been attached to the bottom of this answer.*** 
    • An additional brochure with vendors and their contact information has been developed and published to Inside Courts under Court Resources on the Court Management page.  A copy has also been attached to the bottom of this answer.
  • Court Impact - A new Case Condition Codehas been added for use when an Electronic Monitoring device with victim notification has been ordered in a criminal case:
    • EHV - Electronic Monitoring - Victim Notification
  • Effective - 6/11/2020
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ESSB 5434 - Restricting Possession of Weapons in Certain Locations

  • Bill # 5434
  • Summary - This bill adds a new section to chapter 9.41 RCW, creating a new gross misdemeanor for carrying a weapon on childcare care center premises or childcare center-provided transportation. Upon conviction, the court shall order the person to immediately surrender any concealed pistol license (CPL), and shall notify DOL in writing within three business days of the required 3-year revocation of any concealed pistol license held by the person.
  • Court Awareness - Pattern form CrRLJ 07.0850 Notice to Department of Licensing Regarding Revocation of Defendant's Concealed Pistol License (NTDOL) and the Judgment and Sentence forms are being updated to include these additional violations.  The pattern form will be updated and available on the Court Forms web site by the effective date. A complete list of pattern forms changes can be located on the Summary of Changes to Forms page.
  • Court Impact - Courts must report the CPL suspensions to the Washington State Department of Licensing (DOL) within 3 days of a conviction.
  • Effective - 6/11/2020
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SSB 5640 - Concerning Youth Court 

  • Bill # 5640
  • Summary - This bill expands the definition of ""Youth Courts"" to include hearing and disposing of transit infractions and civil infractions for juveniles age sixteen or seventeen and extends youth court jurisdiction to civil infractions which are subject to the same provisions as other youth court referrals.  It also permits youth court referrals for a juvenile that has a prior traffic or transit infraction referred to a youth court, and allows youth courts to accept referrals from a Juvenile Court Diversion Unit for juveniles age twelve to fifteen years of age.
  • Court Awareness - 
    • Juvenile Diversion Units may refer juveniles to the District or Municipal Court's Youth Court on traffic, transit, and civil infractions not filed directly into the court.  
    • The Juvenile Diversion Agreement is to be the only written record of the referral to the youth court and is subject to confidentiality provisions.
    • No Cause Number may be assigned to the case and the case cannot be part of the public record.  
    • There is a limit of 30 hours that the juvenile may participate in Youth Court activities.
    • The Juvenile Diversion Unit will still maintain supervision of their referred offenders.
  • Court Impact - 
    • Courts with Youth Courts must come up with a manual process for accepting and tracking the Juvenile matters referred for Youth Court for juveniles referred from Juvenile Diversion Units.
    • Failure to comply with Youth Court must be reported back to the Juvenile Diversion Unit to address.
    • The court must notify the Juvenile Diversion Unit when the Youth Court is successfully completed.
  • Effective - 6/11/2020
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SSB 6208 - Increasing Mobility Through the Modification of Stop Sign Requirements for Bicyclists

  • Bill # 6208
  • Summary - This bill amends provisions relating to bicyclists stopping at stop signs and changes bicyclist to person operating a bicycle.
  • Court Awareness - The statewide law table has been modified by renumbering certain laws and adding a new traffic infraction.
  • Effective - 10/01/2020
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ESSB 6268 - Preventing Abusive Litigation Between Intimate Partners 

  • Bill # 6268
  • Summary - This bill creates the term ""abusive litigation"" which applies when the opposing parties are current or former intimate partners, a finding of domestic violence has been entered, and the litigation is for the purpose of harassing, intimidating or maintaining contact with the other party.  Prevents the abusive party from filing pleadings against the protected litigant for five years without permission from the judge who ordered the restriction. Allows the protected party to appear telephonically in future hearings when permitted. Allows a motion for an order restricting abusive litigation to be brought under an existing case, or as a standalone action.
  • Court Awareness - AOC will be creating forms, instructions and a brochure.  The pattern forms will be updated and available on the Court Forms web site and the brochure will be posted to the Resources, Publications and Reports web page, on the Washington Courts web site, prior to the effective date. 
  • Court Impact - System changes for implementation of this bill will be determined closer to the effective date of the bill.  This answer will be updated when additional information is available.
  • Effective - 1/1/2021
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ESSB 6280 - Concerning the use of Facial Recognition Services

  • Bill # 6280
  • Summary - This bill sets forth requirements for the government's use of facial recognition technology.  It prohibits use of facial recognition by law enforcement as the sole basis to establish probable cause in a criminal investigation or to identify an individual based on a sketch or manually produced image and requires a judge who relies on facial recognition technology when deciding on a warrant to report various facts to the WA Supreme Court in January of each year.  Additionally, it requires timely disclosure of the use of facial recognition service to a criminal defendant prior to trial.
  • Court Awareness - A standard form will be created by AOC for courts to use to capture the data elements that judges are required to report to AOC annually, similar to the annual interception of communication reports.  
    • The form will be made available to the courts prior to the effective date of the bill. 
  • Court Impact- Courts must submit the completed form to AOC each December.
    • Forms can be submitted via email to AOC.  Instructions for report submission will be developed prior to the first reporting period.
  • Effective - 7/1/2021
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ESSB 6300 - Concerning Animal Welfare

  • Bill # 6300
  • Summary - This bill makes it a misdemeanor to (a) devocalize a dog, (b) crop or cut off any part of a dog's ear, or (c) crop or cut off any part of the dog's tail when the dog has opened its eyes or is seven days old or older, whichever is sooner, unless the person is a licensed veterinarian using accepted veterinarian protocols.  Prohibits a person guilty of animal cruelty in the 1st degree and 2nd degree from possessing any animal for a period of time. Possessing an animal is now subject to civil and criminal penalties that apply to owning, caring for, and residing with animals after conviction of animal cruelty.  Creates animal cruelty in the 1st degree when a person exposes an animal to excessive heat or cold in which the trier of fact shall consider the animals breed, age, health, medical conditions, and other physical characteristics.  Makes it a gross misdemeanor to abandon an animal, which constitutes animal cruelty in the 2nd degree, regardless of whether the abandonment causes harm to the animal.
  • Court Awareness - The statewide law table has been updated to add the new crimes.
  • Court Impact - A new Case Condition Codehas been added for use when a defendant has been convicted of an animal cruelty violation and has been ordered to no longer own, care for, possess, or reside with any animal:
    • NAN - No Animals
  • Effective - 6/11/2020
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