Which laws passed during the 2023 Washington State Legislative session impact the Courts of Limited Jurisdiction, and what are those impacts? 

 

A number of bills passed during the 2023 legislative session impacting 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 fill 
  • Court Awareness/Court Impact/Court Action section address 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 updated item will be highlighted. 
  • Select the bill name in the table of contents below to advance directly to the details for the bill. 


TABLE OF CONTENTS




Legislative Law Table Updates for Courts of Limited Jurisdiction are available at the bottom of this answer. 

 

HB 1002 - Hazing Penalty

  • Bill #1002
  • Summary – Reclassifies Hazing from a misdemeanor to a gross misdemeanor. In cases where substantial bodily harm occurs it will be classified as a class C felony. Adds Felony Hazing to the statutory list of crimes against persons and crimes of harassment. The Act will be known as the Sam Martinez Stop Hazing Law.
  • Court Awareness– Makes Hazing a gross misdemeanor.
  • Effective – July 23, 2023

 

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HB 1028 - Crime Victims and Witnesses

  • Bill #1028
  • Summary –Requires a biological sample to be collected from any person who is required to register as a sex offender, kidnapping offender, convicted of a felony offense, convicted of a misdemeanor or gross misdemeanor offense listed in RCW 43.43.754(1)(a)(i)-(xi). 

 

Expands the statute of limitations for certain sex offenses (defined in RCW 9.94A.030(47)). Statute of limitations runs from the later of the following; the date the crime was committed or four years from the date that the identity of the suspect is conclusively established by DNA testing or photograph as defined in RCW 9.68A.011. 

 

Amends RCW 7.69.030 (Rights of victims, survivors, and witnesses) to apply to any adult or juvenile criminal proceeding and any sexually violent predator commitment hearing. If a victim, survivor of a victim, or witness of a crime is denied a right, that person may petition the court and seek an order directing compliance by the relevant party. Compliance with the right is the sole available remedy.

  • Court Awareness–Each city and county jail facility must adopt and implement a policy that collects biological samples from persons convicted of certain offenses as soon as practicable during the person’s term of confinement.  A person who willfully refuses to comply with a legal request for a DNA sample is guilty of a gross misdemeanor.
    • No law table updates required as the GM previously existed.
  • Court Impact– If the sample is not collected prior to the person’s release from confinement, the responsible city or county jail shall notify the court within three business days providing the reason for release without collection the sample.  Within 10 days of receiving notice, the court shall schedule a compliance hearing which a representative of the jail shall attend and obtain the person’s biological sample at the hearing.  The court may require the jail to pay attorneys’ fees and court costs associated with the scheduling and attending the compliance hearing.  
    • For a person convicted who will not serve a term of confinement, the court shall order the person to be administratively booked for the sole purpose of providing the biological sample.  
    • The court shall create and implement a biological sample collection protocol and order the biological sample at time of sentencing.   The court shall inform the person that refusal to provide the sample is a gross misdemeanor.
  • Effective – July 23, 2023; except section 4 (peace officer training) July 1, 2024

 

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ESHB 1051 – Restricting Robocalls/Commercial Telephone Solicitation

  • Bill #1051
  • Summary – Expands restrictions on robocalls and commercial telephone solicitation, increases liability of violators and those who assist them, and bars such calls to numbers on the do not call registry.  Deems these violations an unfair business practice under Consumer Protection Act, provides for imposition of fines and Attorney General enforcement actions, and retains a private cause of action for those aggrieved by repeated violations.
  • Court Impact –
  • A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.   
    • The CLJ Civil Cover Sheet will be updated to add the new cause of action code.
  • Effective – July 23, 2023

 

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HB 1112 - Negligent Driving – Vulnerable Users

  • Bill #1112
  • Summary – Creates a new gross misdemeanor for Negligent Driving with a Vulnerable User Victim in the first degree (causes death of vulnerable user) as well as defines the term “vulnerable user.” 
  • Court Awareness – The new Gross Misdemeanor for Negligent Driving with a Vulnerable User Victim 1stis punishable by up to 364 days in jail and a fine of $5,000, which may not be reduced to less than $1,000, plus requires a 90-day license suspension.  
    • The additional requirements of the infraction Negligent Driving Vulnerable User Victim 2nd degree do not apply to the new criminal charge. See eService Answer 2267 for the requirements on processing a Negligent Driving Vulnerable User Victim 2nd degree.
    • The list of law table changes can be found at the bottom of this answer. 
  • Effective – July 1,2025

 

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E2SHB 1143 - Purchase/Transfer Firearms

  • Bill #1143
  • Summary – A firearms dealer may not transfer to a purchaser/transferee a firearm until a valid concealed pistol license is produced, or a background check indicating eligibility to possess a firearm is completed and 10 business days has elapsed since the dealer requested the background check. Prohibits firearms dealers from transferring a firearm until the purchaser/transferee provides proof of completion of a recognized firearms safety program within the last five years; recognizes firearms safety training requirements as well as those individuals who are exempt from the training.

Amends notices and procedures for revocation of a concealed pistol license due to conviction of an offense that makes a person ineligible to possess a firearm to allow Washington State Patrol (WSP) Firearms Background Check Program to receive the court records outlined in those sections. Adds the WSP Criminal Records Division to RCW 9.41.047(3)(f) to be notified within three days of a person’s restoration of the right to possess a firearm.

  • Court Impact– Courts shall, within three judicial days of a conviction, entry of a commitment order, or dismissal of charges due to incompetency, send a copy of the person’s identification or comparable information with the date of the conviction, commitment, or dismissal to DOL and to the WSP Firearms Background check program.
    • The current Firearms Exchange with WSP is being reviewed for possible updates needed for this bill.  More information will be made available closer to the effective date.
  • Effective – January 1, 2024

 

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ESHB 1169 - Legal Financial Obligations (LFO) 

  • Bill #1169
  • Summary– Prohibits courts from imposing any fine, administrative fee, cost, surcharge, or restitution against a juvenile or juvenile's parent or guardian in a juvenile offender (S8) proceeding, including costs of an evaluation or treatment of a juvenile offender ordered for purposes of certain disposition alternatives. It also eliminates the crime victim penalty assessment for juveniles and indigent adult defendants (S1) at the time of sentencing, and eliminates DNA database fees (all cases).
  • Court Awareness– The bill strikes the language that required the DNA fee to be imposed.  Defendants can move to waive any DNA fees previously imposed, but courts do not need to remove them without a court order to do so as the change is not retroactive.
    • The Motion re: Legal Financial Obligations and Order re: Legal Financial Obligations are being updated.
    • A list of all updated pattern forms is available at the bottom of this answer.
  • Court Impact– The DNA Cost Fee Code will be made “Obsolete” on the effective date of the bill so they cannot be added to any additional cases.   
  • Effective – July 1, 2023; except section 15 is contingent when section 3 Chapter 206 Laws of 2021 takes effect and section 16 expires when section 15 takes effect.

 

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HB 1199 - Child Care/Communities

  • Bill #1199
  • Summary – Bars certain common interest housing community associations from prohibiting or unreasonably restricting or limiting the use of specified housing types for licensed day care facilities with violators liable to the operator for up to $1,000.  It also allows associations to impose limited conditions.
  • Court Awareness– This bill may result in additional civil filings for violations by an association of apartment owners, a unit owners’ association, or a homeowners’ association that willfully violates the act, brought by the family day care provider or the child day care center, for actual damages and may be ordered to pay a civil penalty not to exceed $1,000.
  • Effective – May 1, 2023

 

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SHB 1234 - Civil Forfeiture of Seized Animals

  • Bill #1234
  • Summary – Authorizes law enforcement or animal control officers with probable cause to believe that an animal is in imminent danger, is suffering serious physical injury, or needs immediate medical attention, to enter private property without a warrant to render emergency aid or seize the animal; requires the animal owner to post a bond with the district court within 14 calendar days or the animal is deemed abandoned and forfeited; and requires the court to set a civil hearing on the petition within 30 days of the filing. At the hearing, if the court finds probable cause exists, the court shall order the owner to post a bond within 72-hours. If bond has been posted, the court is required to give priority to subsequent court proceedings as long as the animal remains in custody.
  • Court Awareness – Owners of seized animals may petition the district court for an Animal Impound hearing. The hearing request must be filed within 14 days of the date of the seizure and must be served on the law enforcement agency or animal control agency that seized the animal, as well as the prosecuting attorney.  Failure to file the petition by 5 PM on the 14thday shall constitute a waiver of the rights to file a petition and the animal shall be deemed abandoned and forfeited, unless a bond has been posted.   Courts may extend the petition period an additional 14 calendar days if the petitioner did not have a notice of seizure and the court finds on the record and in writing that there are exceptional and compelling circumstances justifying the extension.
  • The owner shall post a bond with the court in an amount sufficient to provide minimum care for each seized animal for 30 days within 14 calendar days.  Failure to do so results in the animal being deemed abandoned and the owner’s interest in the animal shall be forfeited. 
    • If a bond is posted, subsequent court proceedings shall be given court calendar priority so long as the animal remains in custody.
    • The custodial agency may draw from the bond the actual reasonable costs incurred for providing care for the animal.
    • When expenses covered by the bond have depleted the bond posted, the owner shall post a new bond within 72 hours to avoid forfeiture. 
    • Use Bail/Bond Type R – Replevin to post the cash bonds; follow the instructions for Partial Bail Refund to release funds for costs incurred, and the Payable Update (PUP) screen to redirect the payable to the custodial agent.
  • Court Impact – The court shall set a civil hearing on the petition within 30 days of the filing of the petition.  
    • If PC is found to exist at the hearing, the court shall order the owner to post a bond within 72 hours of the hearing or the animal shall be deemed abandoned and forfeited.
    • If the burden of proof is not met, the court may order the animal returned at no cost to the owner, subject to conditions set by the court.
  • Effective – July 23, 2023

 

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SHB 1240 - Firearms Safety

  • Bill #1240
  • Summary – Prohibits the manufacturing, importation, distribution, sale, or offer for sale of any assault weapon, subject to limited exceptions such as inheritance.  Allows a recipient of a civil investigative demand from the Attorney General to file in superior court a petition to extend the time to respond or modify or set aside the demand for good cause and prohibits the Attorney General from sharing information obtained through a civil investigative demand with any law enforcement agency conducting a criminal investigation unless required to do so pursuant to a search warrant.
  • Court Awareness– Creates a new Gross Misdemeanor for manufacturing, importing, distributing, sale of or offer for sale of any assault weapon.
  • Effective – April 25, 2023 

 

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ESHB 1311 – Duties of Credit Repair Service Organizations

  • Bill #1311
  • Summary – Expands notice and other duties credit repair service organizations owe to those they serve.  Non-compliance is deemed a Consumer Protection Act violation, and reaffirms that those harmed by violations may sue under RCW 19.134.080 or as otherwise permitted by law.
  • Court Impact –
  • A new Civil Cause of Action Code  CPA – Consumer Protection Act was created for this type of filing.    
    • The CLJ Civil Cover Sheet will be updated to add the new cause of action code.
  • Effective – July 23, 2023 

 

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HB 1312 - Jury Service

  • Bill #1312
  • Summary – A person 80 years old or older may request to be excused from jury service, without a doctor’s note, if they attest that they are unable to serve on the jury due to health reasons. 
  • Court Action – This bill requires the court to develop an attestation form to allow the jurors 80 years of age or older to request to be excused due to health reasons.  
  • Effective – July 23, 2023

 

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ESHB 1335 - Unauthorized Publication of Personal Identifying Information

  • Bill #1335
  • Summary – With limited exceptions, bars publication of another’s personal identifying information without their consent when published with intent to cause harm or reckless disregard of such risk.  Creates a civil cause of action for victims against the publisher and specified others, limits defenses, provides for substantial relief, and authorizes the courts to enjoin prohibited publication.
  • Court Awareness – Use existing Civil Cause of Action code PIN – Personal Injury.
  • Effective – July 23, 2023

 

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HB 1370 - Securities Whistleblowers 

  • Bill #1370
  • Summary – Provides for monetary awards to securities law violation whistleblowers, clarifies eligible recipients, and establishes criteria for determining amount, with specified exceptions and prohibits employer retaliation.  Creates a cause of action against retaliators, bars efforts to impede communications with regulatory entities concerning potential violations, and excepts certain information (e.g., information likely to reveal whistleblower’s identity) from the Public Records Act.
  • Court Awareness – Use existing Civil Cause of Action code OTH – Other
  • Effective – July 23, 2023

 

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ESHB 1394 - Youth Who Commit Sexual Offenses

  • Bill #1394
  • Summary – Changes Failure to Register as a Sex Offender for a person who was under the age of 18, and the person was not sentenced for the offense in adult court due to decline of juvenile court jurisdiction for a sex offense, to a gross misdemeanor. Any person who resides in Washington who has been found to commit any sex offense or kidnapping offense must register with the county sheriff of the person’s residence or the county where the person works or attends school. Sex offenses that require registration are laid out within amended RCW 9A.44.130 (Registration of Sex Offenders and Kidnapping Offenders—Procedures—Definition—Penalties). A person who has a duty to register under 9A.44.130(1)(b) will have their duty to register extinguish three years after the date of release from confinement (including residential treatment) or entry of disposition whichever is later, if the person is required to register for a class A sex offense committed while they were 15, 16, or 17 years of age. For a person not required to register under 9A.44.130(1)(b) that is also not required to register for a class A sex offense, the duty to register will end two years after the last date of release from confinement or entry of disposition.

    Eliminates the requirement to register as a sex offender for juveniles where the offense was committed while under age 18 and not sentenced for an offense in adult court due to decline of juvenile court jurisdiction effective November 1, 2023. For those juveniles who are still required to register under the terms of the bill, the legal obligation extinguishes two or three years after the last date of release from confinement. Requires the Washington State Patrol to notify registered sex offenders of the extinguishing of the legal obligation to register created by this legislation. By December 1, 2023, each registering agency shall conduct a review and remove all persons from the sex offender registry whose obligation to register is based on an offense while the person was under the age of 18, except for those who have an obligation to register under RCW 9A.44.130(1)(b).
  • Court Awareness– Adds a new Gross Misdemeanor for failure to register.
  • Effective – July 23, 2023; except section 10 (November 1, 2023)

 

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ESHB 1424 - Sale of Dogs and Cats

  • Bill #1424
  • Summary – Prohibits retail pet stores from offering dogs for sale, unless the retail store meets specific requirements, including requiring the store to possess and maintain certain documentation about the dog and its breeder; creates a new class 1 civil infraction for violations of these requirements and gives animal control officers the power to issue civil penalties; allows retail stores to provide space and care for animals, including cats and dogs, owned by an animal care and control agency or animal rescue group for the purposes of adopting those animals to the public, if the store displays the name and address of the agency or animal rescue group; and voids any consumer lease, retail installment transaction, or consumer loan entered into for the purchase of a dog after the effective date.
  • Court Awareness– Adds a new Civil Infraction. 
  • Court Impact – A new Civil Cause of Action CodeCPA – Consumer Protection Act was created for this type of filing.   
    • The CLJ Civil Cover Sheet will be updated to add the new cause of action code.
  • Effective – July 23, 2023

 

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SHB 1457 - Motor Carrier’s Access to Restroom Facilities

  • Bill #1457 
  • Summary – Requires shippers or consignees to provide a restroom to a motor carrier delivering or picking up goods as long as the restroom is located in an area where providing access would not pose a health or safety risk to the motor carrier or the shipper, consignee, or its employees. Does not require the shipper or consignee to make any physical changes to the restroom, and they may require an employee to accompany a motor carrier to the restroom. Establishes Department of Health (DOH) jurisdiction, and allows DOH to issue a warning letter for a first violation. Establishes a class 2 civil infraction for a shipper or consignee that violates these provisions after receiving a warning letter from DOH.
  • Court Awareness– The Department of Health has been added as an LEA in JIS, with code DOH.  Adds a new Civil Infraction.
  • Effective – July 23, 2023

 

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ESHB 1469 - Access to Reproductive Health Care Services and Gender-affirming Treatment in WA State

  • Bill #1469
  • Summary – This bill requires that subpoenas and applications to install devices to collect evidence include an attestation detailing if the subpoena is seeking information related to providing or receiving gender- affirming treatment and reproductive health care services protected by Washington law.
  • Court Awareness– Creates a new civil claim for interference with protected health care services with damages including actual damages but not limited to costs and reasonable attorney’s fees spent in defending the underlying action, costs and reasonable attorneys’ fees spent bringing the new action, and statutory damages up to $10,000.
  • Effective – April 27, 2023

 

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2SHB 1474 – Covenant Homeownership Account

  • Bill #1474
  • Summary – Adds an additional $100 assessment to documents recorded with the county auditor for the covenant homeownership program.    
  • Court Awareness – Documents recording a name change order under RCW 4.24.130 are excluded from this additional surcharge so the total amount remains $203.50.  See also RCW 36.22.185– Covenant  homeownership program assessment.
    • NOTE: The NCA – Name Change Auditor Cost Fee Code is excluded from the $100 surcharge. A comment was added to the Cost Fee Code manual to indicate this exception.
    • Additional authority changes were made under SSB 5386, however the total remains $203.50.
  • Effective – January 1, 2024

 

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2SHB 1534 – Strengthening Protections for Consumers in the Construction Industry

  • Bill #1534
  • Summary – Expands the list of when the Department of Labor and Industries must deny a business entity application for registering their business.  It also increases the amount of the required surety bond, increases penalties, and creates the Homeowner Recovery Account.
  • Court Impact – Beginning July 1, 2026, a person is eligible to recover from the homeowner recovery program provided they are a claimant with a final judgment in a court of competent jurisdiction against a registered contractor for a claim on his or her primary residence or multifamily dwelling for the unit in which they reside.  A new Civil Cause of Action CodeCPA – Consumer Protection Act was created for this type of filing.  
    • The CLJ Civil Cover Sheet will be updated to add the new cause of action code.
  • Effective – July 23, 2023; except sections 3-9 (July 1, 2024); and section 10 (June 30, 2023)

 

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SHB 1562 - Gun Violence, Gender-based Violence, and Other Types of Violence

  • Bill #1562
  • Summary – Adds crimes that prohibit a person from possessing a firearm to amended RCW 9.41.040 2(a)(i)(D) (Unlawful possession of firearms—Ownership, possession by certain persons—Restoration of right to possess—Penalties). Firearms possession is prohibited based on a protective order during any period of time the person is subject to a protection order, no-contact order, or restraining order that was entered after notice and an opportunity to respond, restrains the person from harassing, stalking, or threatening the protected person, other persons identified in the order, or protected person's child if they meet specified requirements.
  • Court Impact– The Notice of Ineligibility to Possess a Firearm is being modified.  
  • Effective -July 23, 2023 

 

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SHB 1682 - WA Auto Theft Prevention Authority Account

  • Bill #1682
  • Summary – Changes how the Washington Auto Theft Prevention Account is funded – the account will no longer consist of surcharges from traffic infractions, but rather will be funded from revenue from insurance taxes.
  • Court Awareness – The Remit Group 93 – Auto Theft Prev will be retitled 90 St Gen Fund 93. No change will be visible to court users on the Create Accounts Receivable (CAR) screen, but the changes will be reflected on the Remittance Report.
  • Effective – July 1, 2023 

 

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HB 1696 - Stalking Related Offenses

  • Bill #1696
  • Summary – Elevates stalking under certain conditions from gross misdemeanor to a class B felony. Stalking does not include the installation, placement, or use of an electronic tracking device by an order of a state or federal court, or by any of the individuals or organizations listed under RCW 9A.46.110(4). The provision related to the crime of Cyberstalking is repealed.
  • Court Awareness– Repeals the Cyberstalking law.
  • Effective – July 23, 2023

 

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E2SHB 1715 - Comprehensive Protections for Victims of DV and Other Violence Involving Family Members or intimate Partners

  • Bill #1715
  • Summary– This bill provides for comprehensive protections for victims of domestic violence including electronic monitoring with victim notification technology; domestic violence homicide prevention training for judicial officers; extending effective dates of a temporary protection order and a temporary order to surrender and prohibit weapons; expanded trauma-informed and skill trainings for law enforcement; additional self-incrimination considerations for respondents of an order to surrender and prohibit weapons; and establishing a center for research, policy, and practice to reduce domestic violence at the University of Washington
  • Court Awareness – When surrender of firearm orders are done, if the person violates the order the court needs to document the nature of the violation as well as the sanction imposed for that violation.
  • Court Impact – For criminal cases with surrender of firearms order violations, the violations should be recorded on the Plea/Sentence Screen (PLS) utilizing Case Condition Codes. 
    • New Case Condition Codes  will be added to JIS to track the Nature of the Violation
      • DSF - Did not surrender any firearms, dangerous weapons, CPL or file declaration of no weapons to surrender or other proof of compliance
      • DSA - Did not surrender all firearms, dangerous weapons, or CPL
      • DFD - Did not surrender all firearms or dangerous weapons
      • DFR - Did not surrender all firearms
      • DDW - Did not surrender all dangerous weapons
      • DCP - Did not surrender CPL
      • DDN - Did not file declaration of no weapons to surrender or other proof of compliance
      • DAC - Did not appear for compliance hearing
      • DAS - Did not appear for show cause hearing
      • ASF - While surrender order is active, acquired a firearm
      • ASD - While surrender order is active, acquired a dangerous weapon
      • ASC - While surrender order is active, acquired a CPL
    • Use the Time field to record the number of days jail or number of hours of community service if either is ordered as a sanction.
    • Use the Fee field to record the amount of monetary penalty imposed if ordered as a sanction.
    • Use a new Complied Code  if any apply as the sanction/resolution of the violation.  
      • R - Referred to Prosecutor for Criminal Contempt of Court for: [Case Condition]
      • O - No Sanctions Imposed for: [Case Condition]
      • I - Defendant In Compliance No Sanctions for: [Case Condition]
      • C - Additional Time to Cure for: [Case Condition]
  • For civil cases with surrender of firearms order violations, the violations should be recorded on the Civil Judgment (CVJ) screen utilizing Judgment Type Codes.
    • New Civil Judgment Type Codes  will be added to JIS to track the Nature of the Violation.
      • DS - Did not surrender any firearms, dangerous weapons, CPL or file declaration of no weapons to surrender or other proof of compliance
      • DA - Did not surrender all firearms, dangerous weapons, or CPL
      • D2 - Did not surrender all firearms or dangerous weapons
      • DF - Did not surrender all firearms
      • DD - Did not surrender all dangerous weapons
      • DC - Did not surrender CPL
      • DN - Did not file declaration of no weapons to surrender or other proof of compliance
      • AC - Did not appear for compliance hearing
      • AS - Did not appear for show cause hearing
      • AF - While surrender order is active, acquired a firearm
      • AD - While surrender order is active, acquired a dangerous weapon
      • AL - While surrender order is active, acquired a CPL
  • Use the new Jail or Community Service field to record the number of days jail or number of hours of community service ordered if either is ordered as a sanction.
    • Use the new Civil Judgment Disposition Codes  if any apply as the sanction/resolution of the violation.
      • CC - Disposition of referred to prosecutor for criminal contempt charges
      • NS - Disposition of no sanction imposed
      • IC - Disposition of came into compliance, no sanctions imposed
      • AC - Disposition of additional time to cure
  • Court Action– The Firearms Surrender related pattern forms are being updated for this bill.  Courts utilizing the older forms will need to update to the new forms. 
  • Effective – July 23, 2023

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ESHB 1766 - Hope Card Program

  • Bill #1766
  • Summary – Requires the Administrative Office of the Courts to create a Hope Card program in collaboration with the state’s district and municipal court judges, superior court judges, county clerks, court administrators, and sheriffs. Hope Cards must be in a scannable electronic format and contain specified information about a full protection order. Beginning July 1, 2025, any person who has been issued a domestic violence protection order, stalking protection order, vulnerable adult protection order, or anti-harassment order may request a Hope Card from the clerk of that court who issued that protective order.
  • Court Awareness – More information will be provided on how the Hope Card program will be implemented closer to the effective date of this bill. 
  • Effective – January 1, 2025

 

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SSB 5006 - Clarifying Waiver of Firearm Rights

  • Bill #5006
  • Summary – Creates a new class 4 civil infraction for Unlawful Possession of a Firearm if the person (adult or juvenile) is in possession or control of a firearm after filing a voluntary waiver of firearm rights that has been accepted by the clerk of the court and has not been lawfully revoked. Allows voluntary waivers to be filed with the court in writing or electronically. Allows the person filing the form to provide the name of a family member, mental health professional, substance use disorder profession, or alternate person to be contacted if the filer attempts to purchase a firearm while the voluntary waiver is in effect or if the filer applies to have the waiver revoked. Encourages mental health and substance use disorder professionals to discuss the waiver with their patients if they reasonably believe that a discussion will avoid or minimize an imminent danger to the individual or others.
  • Court Awareness– New Class 4 Civil Infraction for Unlawful Possession of a Firearm if the person, adult or juvenile, is in possession or control of a firearm after filing a voluntary waiver of firearm rights has been accepted by the clerk of the court and has not lawfully been revoked.
    • Juvenile Infractions should not be filed with CLJ courts as the statute related to CLJ Authority over Juvenile matters, RCW 13.04.030(1)(c)(III) was not updated to include these infractions.
    • The list of law table changes can be found at the bottom of this answer.
  • Effective – July 23, 2023

 

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SSB 5028 - Revising the Name Change Request Process

  • Bill #5028
  • Summary – Allows that any person may apply for a name change in any judicial district. In superior court, a person may apply for a name change if they are an emancipated minor or refugee, when the name change is related to gender expression or identify, or when the name change is due to the experience or reasonable fear of violence or harassment. 
  • Court Awareness – Name Change petitions can be filed in any district court in the state; they are no longer limited to where the person resides.  Additionally, appointed guardians can file for a name change on behalf of a child they are appointed to represent and a qualified legal service provider can file a waiver of fees on behalf of a person seeking a name change.
  • Effective – July 23, 2023

 

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SSB 5033 - Custodial Sexual Misconduct

  • Bill #5033
  • Summary – Elevates Custodial Sexual Misconduct in the first degree from a class C to a class B felony, and increases the seriousness level from level V to level VII. Elevates Custodial Sexual Misconduct in the second degree from a gross misdemeanor to a class C felony, and increases the seriousness level to level V. This act may be known and cited as Kimberly Bender's Law.
  • Court Awareness– Changes Custodial Sexual Misconduct from a GM to a Class C Felony.
  • Effective – July 23, 2023

 

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SSB 5078 - Firearm Industry Duties

  • Bill #5078
  • Summary – Creates Firearm Industry Responsibility and Gun Violence Victims’ Access to Justice Act.  It bars firearms industry members from knowingly creating, maintaining, or contributing to a public nuisance through the sale, manufacturing, distribution, importing, or marketing of firearms industry products and requires members to implement reasonable controls to avoid creating or contributing to such nuisance and to employ reasonable precautions to avoid selling or distributing such products to downstream distributors or retailers who fail to implement such controls.  It also bars sales of such products foreseeably convertible to illegal ones or targeted to minors or to those legally ineligible, deems violations a public nuisance and Consumer Protection Act violation, and authorizes the Attorney General to sue for punitive damages and other relief and to issue investigative demands to those believed to have relevant knowledge.  Demand recipients are allowed to move to modify or quash them as permitted by RCW 19.86.110(8).  Additionally, this bill clarifies that the Act does not impair any private cause of action available to a person under other law.
  • Court Impact –Court Impact – A new Civil Cause of Action CodeCPA – Consumer Protection Act was created for this type of filing.  
    • The CLJ Civil Cover Sheet will be updated to add the new cause of action code.
  • Effective – July 23, 2023

 

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2SSB 5128 - Jury Diversity

  • Bill #5128
  • Summary – Requires the Administrative Office of the Courts (AOC) provide to all courts a method to collect jurors’ race, ethnicity, age, sex, employment status, educational attainment, and income, as well as any other data approved by order of the Chief Justice. Data must be collected in a manner that preserves juror anonymity and must be reported annually to the Governor.

 

Establishes a work group to make recommendations for the creation of a childcare assistance program for individuals reporting for jury service. The AOC must report findings to the Legislature by December 1, 2024, and the report must outline planning and implementation of the program as well as estimated cost.

 

Amends RCW 2.36.095 to include electronic summonsing. Starting July 1, 2024, persons applying for a driver’s license or ID card may opt-in to allow the Department of Licensing to share their email address, and persons registering to vote may opt-in through the Secretary of State, for the purpose of electronically receiving jury summonses and other related jury communications.

  • Court Awareness – AOC shall provide all courts with a method to collect jury diversity data while protecting their anonymity.
  • Effective – July 23,2023; except section 4(2)(b) (July 1, 2024)

 

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ESSB 5231 - Emergency DV Orders 

  • Bill #5231
  • Summary – Allows a peace officer to request an ex parte emergency no-contact order on behalf of a victim in an alleged act involving domestic violence. If the court finds probable cause that the victim is in imminent danger of domestic violence, the court must grant the emergency no-contact order and may issue an order to surrender weapons or extreme risk protection order.
  • Court Awareness– Allows an officer to request an emergency No Contact Order and Order to Surrender Firearms, Dangerous Weapons, and CPL or Extreme Risk Protection Order from a judicial officer, ex parte, prior to charges or a civil protection order petition being filed.  
    • Some of the protection order related forms have been updated.  A list of all updated forms is available at the bottom of this answer.
  • Effective – July 23, 2023

 

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ESSB 5272 - Speed Safety Camera Systems on State Highways

  • Bill #5272
  • Summary – Establishes that the Department of Transportation may operate speed safety cameras in highway work zones; provides that the cameras can only operate while workers are present in the work zone; authorizes Washington State Patrol to issue a notice of infraction to a person whose car is caught on camera speeding through the work zone; provides procedures for operation and administration of the speed safety cameras; and authorizes Office of Administrative Hearings to handle unpaid or disputed infractions.
  • Court Awareness– These new photo-enforced tickets will not be filed with the CLJ courts.  Instead they will be filed by WSP to the Washington State Office of Administrative Hearings.
    • Public can be referred to their website: OAH Home (wa.gov) or their phone numbers (360) 407-2700 or Toll Free (800) 583-8271
  • Effective – July 1, 2024

 

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SB 5282 - Vehicle Report of Sale

  • Bill #5282
  • Summary – A vehicle dealer may, but is not required to, file a report of sale on behalf of an owner who trades in, sells, or otherwise transfers ownership of a vehicle to the dealer. A vehicle dealer who files on behalf of an owner must collect and remit the required fees from the owner.
  • Court Awareness – The subsection for the existing Infraction Traffic for Fail to Transfer Title within 45 days was changed.
  • Effective – July 23, 2023 

 

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SB 5347 – Access to ADRs

  • Bill #5347
  • Summary – Provides that the Department of Licensing and probation officers and clerks may provide a full abstract driving record (ADR), including all alcohol-related offenses, to a treatment agency or for a treatment assessment. Further provides that the court may waive the fees charged for producing and copying an ADR if the individual is found to be indigent.
  • Court Awareness – Bill proposed by the DMCJA/DMCMA/DOL Liaison Committee to allow probation clerks and probation officers employed by the courts to provide a copy of a driver’s full ADR to a treatment agency.  Also adds language that the fee for producing an ADR shall not be charged if the person is indigent.
  • Court Impact – DOL is developing a new abstract for court and probation staff to utilize in DIAZ for this purpose.  
    • Additional staff may need access to DIAZ set up by the court’s DIAZ Administrator to allow them access to the new ADR.
    • DOL plans to hold trainings on how to access the new ADR in July 2023.
  • Effective - July 23, 2023

 

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ESSB 5365 - Vapor and Tobacco Products

  • Bill #5365
  • Summary – Modifies the penalties that the Liquor and Cannabis Board may impose against cigarette and tobacco products retailers for violations of provisions related to selling or giving cigarette, tobacco, or vapor products to persons under 21. Also modifies the sanctions for purchasing, possessing cigarette, tobacco, or vapor products by persons under 18 to require four hours of community service and a referral to a smoking cessation program at no cost to the person.
  • Court Awareness– Tobacco and vapor product infractions are now subject to four hours of community service and referral to a smoking cessation class as the penalty rather than a fine.  The smoking cessation class must be at no cost to the defendant.
    • The laws will remain in the law table with fine amounts of $103.00, as they are still defined as a Class 3 Civil infraction.
    • There are free smoking cessation programs available online.
  • Effective - July 23, 2023 

 

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ESSB 5371 - Orca Vessels

  • Bill #5371
  • Summary – Requires a greater distance to be maintained between a vessel and an orca, increases commercial whale watching license fees and establishes a paddle tour business license with similar requirements. Creates a new misdemeanor for Unlawful Engagement in a Paddle Tour in the second degree and a new gross misdemeanor for Unlawful Engagement in a Paddle Tour in the first degree.
  • Court Awareness – The subsection for the existing Gross Misdemeanor and Misdemeanor for Unlawful Commercial Whale Watching 1st and 2nddegree were changed.  Adds a new Gross Misdemeanor and a new Misdemeanor for Paddle Tour violations.
  • Effective – July 23, 2023; except section 2 (January 1, 2025) 

 

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SSB 5386 – Reducing Administrative Complexity by increasing transparency of revenue flows for activities funded by document recording fees

  • Bill #5386
  • Summary – Changes the way Auditor surcharges are defined by incorporating some different accounts into one surcharge.   
  • Court Awareness – The total amount of the Name Change Auditor’s Fee does not change, however the documentation for the code is updated to reflect the current authorities for the total amount of $203.50.
  • NOTE: 2SHB 1474 – Covenant Homeownership Account adds an additional $100 surcharge on each document recorded effective January 1, 2024.  However, documents recording a name change order under RCW 4.24.130 are excluded from this additional surcharge so the total amount remains $203.50.  See also RCW 36.22.185 – Covenant  homeownership program assessment.
  • The Cost Fee Code manual has been updated to document the new surcharge amounts and authorities for the code NCA – Name Change Auditor Fee.
  • Effective – July 23, 2023

 

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SB 5392 – Overpayments on certain matters

  • Bill #5392
  • Summary – Amends Uniform Unclaimed Property Act to allow courts to retain overpayments made in connection with any litigation for amounts less than or equal to $10 with court clerk to remit such funds to local treasurer.
  • Court Action – On July 23, 2023, the CLJ Courts can go into the Court Profile Maintenance (CPFM) screen and put in an overpayment amount again of $10.00 or less.
  • Effective – July 23, 2023

 

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SSB 5415 - Public defense services for persons committed as NG by reason of insanity

  • Bill #5415
  • Summary – Tasks the Office of Public Defense (OPD) to provide representation for persons not guilty by reason of insanity and committed to state psychiatric care and requires OPD to contract with attorneys and other entities for legal representation for such persons throughout their term of commitment, which includes conditional release until the legal termination of the commitment.  Updates the definition of “indigent person”; and requires courts to notify OPD of the need for representation at the time an individual is committed to state psychiatric care or acquitted by reason of insanity. Courts shall assist a person or a conditionally released indigent person in obtaining a qualified expert or professional person for an examination of their mental condition. OPD shall compensate expert or professional persons in a manner consistent with the Rules of Professional Conduct, standards for indigent defense, and policies and procedures of OPD.
  • Court Awareness– Prior to acquittal by reason of insanity, the court shall appoint counsel administered by the county where the criminal charges are filed.  At the time an indigent individual is acquitted by reason of insanity and is committed to state psychiatric care, the court shall immediately notify WA State Office of Public Defense of the need for representation during the term of commitment.
    • The commitment actions will still occur in the Superior Courts.
  • Effective – April 20, 2023 

 

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E2SSB 5440 – Competency restoration

  • Bill #5440
  • Summary – Requires the court to make a finding of genuine doubt as to competency, based on either by the court’s direct observations, judicial colloquy, or from information from the defendant’s attorney, before ordering a competency evaluation, and provides that information provided by defendant’s counsel does not require a waiver of attorney-client confidentiality. Beginning October 1, 2023, if the court orders a competency evaluation for a defendant charged with a serious traffic offense, or a felony version of a serious traffic offense, the prosecutor may move the court to revoke the defendant’s driver’s license for a period of one-year. Defines “serious traffic offense”; permits the court to reinstate the defendant’s driver’s license if their competency is restored or to vacate the revocation before the one year expires if the defendant petitions for such based on good cause, and creates additional requirements for persons found incompetent due to an intellectual or developmental disability, dementia, or traumatic brain injury.


Courts are required to consider all available and appropriate alternatives to inpatient competency restoration for defendants charged with either a class C felony or nonfelony serious offense. In counties with a forensic navigator program, the navigator must meet with, interview, and observe defendants charged with a nonfelony if the defendant has had two or more competency evaluations within the preceding 24 months on separate charges. The navigator must determine whether the defendant is amenable to engage in services, and if so, then to recommend diversion to both the defense and prosecuting attorneys. If the parties agree, then the prosecutor must seek to have the charges dismissed without prejudice. Otherwise, the defendant may move for the court to dismiss the charges without prejudice. Defendants who enter a diversion program must have a navigator assigned to them for no more than six months. The navigator must provide the court and parties with monthly status updates on the defendant’s progress.


Provides that even if the parties do not agree on an appropriate diversion program, the court is still required to dismiss the charges without prejudice, unless the prosecutor objects. If the prosecutor objects to the diversion program and provides notice to motion for competency restoration, then they must establish by a preponderance of the evidence that there is a compelling state interest for the court to order restoration treatment. There is a rebuttable presumption that there is no compelling state interest where the defendant is currently subject to an order under the Involuntary Treatment Act or said proceedings were initiated. Permits the court to issue a warrant for failure to appear for any defendant who fails to complete their evaluation after two attempts at scheduling.

  • Court Awareness– Beginning October 1, 2023, if a person found not-competent was charged with a serous traffic offense, the court can order the clerk to transmit an order to DOL for revocation of the defendant’s driver’s license for 1 year.  If the person has their competency restored within that 1 year, they can move to have their driving privileges restored.
    • DOL will develop a way to report the revocation and restoration orders in DIAS prior to the effective date of this requirement.  
    • This answer will be updated if any additional changes are made to JIS and when the changes are available for use.
  • Court Impact– A defendant with a serious traffic offense that is being evaluated for competency, can have a condition of no driving during the competency evaluation. When found not competent to stand trial and restoration treatment is ordered, the prosecutor can also request a 1-year revocation of the defendant's driving privileges. To document when these two scenarios occur, two new Condition Codes have been added
      • NDE - Do Not Drive Competency Eval is being created.
      • DR1 - Driver's License Revoked 1-year, Competency Restoration.
  • The Order for Competency Evaluation and Order for Misdemeanor Competency Restoration Treatment have been updated.
  • Effective – July 23, 2023; except sections 7 and 9 (May 15, 2023); and section 13 (December 1, 2023)

 

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SSB 5453 -   Female Genital Mutilation 

  • Bill #5453
  • Summary – Bars health care practitioners from performing non-medically necessary procedures involving removal of or injury to female external genitalia; deems performing to be unprofessional conduct and, if on a minor, a gross misdemeanor, with knowingly transporting or allowing transport of minor for such purpose also a gross misdemeanor; adds performance to definition of abuse and neglect which mandatory reporters must report; authorizes victim to sue for damages; and clarifies that consent of the involved minor or their parents is no defense to criminal prosecution, nor is fact the action was taken in accord with custom or ritual.
  • Court Awareness– Creates a new civil cause of action against the person that committed the act.  Civil actions must be commenced within 10 years of the acts alleged to have caused the injury, but will be tolled for a minor until they reach the age of 18 years old. 
  • Also creates new Gross Misdemeanors for committing female genital mutilation on a minor and for transporting a minor or causing or permitting transportation of a minor for the purpose of female genital mutilation.   Prosecution can happen up to 10 years after the commission of the act or if committed against a victim under 18, up to the victim’s 28thbirthday, whichever is later.
  • Effective – April 20, 2023

 

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2E2SSB 5536 – Controlled Substances, Counterfeit Substances, and Legend Drug Possession

  • Bill #5536
  • Summary – Classifies Possession of a Controlled Substance (RCW 69.50.4013), Possession of a Counterfeit Substance (RCW 69.50.4011) or Use of a Controlled Substance/Counterfeit Substance in a public place as a gross misdemeanor, and carry a potential maximum sentence of 180 days in jail, a $1,000 fine, or both. A defendant who has two or more prior convictions for the same offense occurring after July 1, 2023 is subject to a maximum sentence of 364 days in jail, a $1,000 fine, or both. A public use exception applies to cannabis, cannabis concentrates, or cannabis infused products for individuals who have a valid prescription or order of a practitioner while acting the course of their professional practice. No person may be charged with both possession and use of a controlled or counterfeit substance related to the same course of conduct. Defines Possession of a Legend Drug (RCW 69.41.030), use of a legend drug in a public place as a misdemeanor crime, and carries a maximum sentence of 90 days in jail, a $1,000 fine, or both.

 

Encourages law enforcement, in lieu of jail booking and referral to the prosecutor, to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, Arrest and Jail Alternative (AJA) programs established under RCW 36.28A.450, Law Enforcement Assisted Diversion (LEAD) programs established under RCW 71.24.589, and the Recovery Navigator Program (RNP) established under RCW 71.24.115 for individuals accused of a simple controlled substance/counterfeit substance/possession of a legend drug crime.

 

Creates a new section of RCW 69.50 which provides individuals charged with simple possession the opportunity to participate in a pretrial diversion program (PTD). The program allows the individual to be meaningfully engaged in a substance use disorder (SUD) program in exchange for the State  dismissing the simple possession charge. During arraignment a judge shall advise the individual about PTD and its process. These programs do not preclude the defense or prosecution from seeking to resolve the case through a stipulated order, deferred prosecution, or other alternative means of resolution that suit the defendant’s circumstances or situation. The defendant may make a motion to participate in PTD and waive their right to speedy trial if the motion is granted. Consent of the prosecutor is required for the defendant’s participation in PTD. In any case where the defendant is only charged with a violation of knowing possession of a controlled substance/counterfeit substance; or public use of a controlled substance/counterfeit substance; or knowing possession of a legend drug and the defendant has not been convicted of any offense after the effective date of this section; the court shall grant the motion, continue the hearing, and refer the defendant to a AJA, LEAD, or RNP program. In any other case the court may grant the motion for PTD. There is no civil liability for the State and other entities based on administration of PTD except upon a proof of bad faith or gross negligence.

 

Requires the defendant to comply with the recommended treatment if granted PTD. If an assessment of the defendant includes a referral to treatment or services; AJA, LEAD, or RNP shall provide the court with, at the least, a monthly written status update on the defendant’s progress. Copies of the status update are to be given to the prosecution, defendant, and defense counsel. If an assessment does not recommend any treatment or services, the defendant must instead complete an amount of community service as determined by the court, but not to exceed 120 hours, in order to complete PTD. If it appears to the prosecuting attorney that the defendant is not substantially complying, the prosecutor may move to terminate PTD. There are specific procedures for a hearing on a motion for termination from PTD, including certain factors that the court must consider which are outlined in the new section of RCW 69.50.  If the defendant completes a SUD program, files proof of such completion with the court, or alternatively, enrolls with an AJA, LEAD, or RNP program and substantially complies with recommended treatment or services for six months; the court must vacate the conviction upon verification. By June 30, 2025 the Health Care Authority (HCA) shall develop and implement a data integration platform to support AJA, LEAD, and RNP programs and similar diversion efforts to serve as a common database to track diversion efforts across the state.

 

Adds a new section to RCW chapter 71.24 in which HCA is to develop health engagement hubs to provide all-in-one treatment services for those with a SUD. Provides funding for HCA to establish a grant program for providers of employment, education, training, certification, and other supportive programs designed to provide persons recovering from a substance use disorder with employment and education opportunities. Requires HCA, in consultation with the Department of Children, Youth, and Families (DCYF), to develop a training for parents of children and transition-age youth by June 20, 2024. This training shall provide education on SUDs, adaptive and functional communication strategies with a person with a SUD, self-care, and how to obtain and use opioid overdose reversal medication. This training shall be made available to the public. Requires HCA to collaborate with the Department of Social and Health Services (DSHS) to expand the Washington Recovery Help Line and recovery readiness tools to provide a robust resource database for those seeking recovery services.

 

Requires the Office of Public Defense, subject to appropriation, to reimburse courts of limited jurisdiction in counties with a population of 500,000 or less or in cities with a population of 200,000 or less for public defense costs related to possession or public use of a controlled substance, counterfeit substance, or legend drug. Makes sales of drug paraphernalia a civil infraction. Possession of drug paraphernalia is not banned, and public health programs are allowed to distribute such materials as well as test strips that can detect the presence of fentanyl or other substances in drugs. The State of Washington fully occupies and preempts the entire field of drug paraphernalia regulation within the boundaries of the state. Permits cities, towns, and counties or other municipalities to enact only those laws and ordinances relating to drug paraphernalia that are specifically authorized by state law. Various appropriations with their respective limitations and conditions for the programs and services within this legislation are codified in this bill.

  • Court Awareness – Defendants charged with possession charges under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2)(b) or (c) can still resolve charges through available therapeutic courts or other alternatives to prosecution, including but not limited to, a stipulated order of continuance or deferred prosecution, or any other resolution of charges or terms of supervision that suit the circumstances of the defendant’s situation and advanced stabilization, recovery, crime reduction, and justice.  

 

Persons convicted of violating one of the above charges that complete a substance use disorder program and files proof of completion with the court, or obtains an assessment from one of the authorized Pre-Trial Diversion programs above, and has six months of substantial compliance with recommended treatment or services and progresses toward recovery goals, upon verification the court must vacate the conviction or convictions.

 

In any jurisdiction with a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement diversion program established under RCW 71.24.589, a defendant charged with one of the above violations may move to participate in pretrial diversion and agree to waive his or her rights to a speedy trial if the motion is granted. Participation in Pre-Trial Diversion does not constitute a conviction, a stipulation to facts, or an admission of guilt for any purposes.  The length of the Pre-Trial Diversion may be 12 months of substantial compliance with the assessment and recommended treatment or services, by successfully completing successful service, whichever comes first.  If treatment or services were not recommended, then by successfully completing the community service ordered.  Successful completion of a Pre-Trial Diversion shall result in the charge(s) being dismissed.

 

The court shall provide the defendant and defendant’s counsel with detailed information about the program, roles of all parties, and instructions outlined in the new statute [See Sec. 9 (2)]. 

 

If funds are available for this purpose, the assessment and recommended treatment or services must be provided at no cost for defendants who have been found to be indigent by the court.  

 

The diversion program or service provider shall provide the court with regular written status updates on the defendant’s progress on a schedule acceptable to the court, but at least monthly, and shall be filed under seal with the court.  The updates are confidential and exempt from disclosure.   

 

If the assessment conducted does not recommend any treatment or services, the defendant must instead complete an amount of community service as determined by the court, but not to exceed 120 hours of community service, in order to complete Pre-Trial Diversion.

 

Many substance related law numbers have been modified due to this bill.

  • Court Impact– New codes are being added to help track when a case has been filed with the court and the court grants a Pre-Trial Diversion.
    • New Finding/JudgmentCodes:
      • PD – Pre-Trial Diversion
      • DN – Dismissed After Diversion
      • GN – Guilty After Diversion
    • New Case ConditionCode:
      • PTD – Pre-Trial Diversion

The prosecuting attorney may move to terminate the Pre-Trial Diversion if the defendant has not substantially complied with the recommended treatment or services.

  • A hearing must be set, with notice to the defendant, to determine whether the Pre-Trial Diversion shall be terminated.
  • Use existing Hearing Type Code DAC for scheduling.
  • Can be changed to an appropriate Motion Hearing if one is held on the Hearings Held screen.
  •  Effective – Sections 1-5, 7-11, July 23, 2023, Section 41 July 1, 2023, Section 6 January 1, 2025

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SB 5606 – Deterring Illegal Racing

  • Bill #5606 
  • Summary – Creates infraction for racing any vehicle(s) on a public highway or any off-street facility and adds definitions for “off- street parking” and “drifting” as it pertains to this chapter. Encourages law enforcement to undertake a multimedia campaign to inform the public about the dangers and consequences of illegal street racing.  Permits any vehicle used in racing to be the subject of impoundment, which cannot be redeemed prior to 72 hours lapsing from the time of the driver’s arrest for racing, except if the vehicle has more than one registered or legal owner, then that registered or legal owner may redeem the vehicle before the 72 hours timeline, provides that the police officer must notify the arrested driver of the stipulations regarding impoundment, and provides that if the arrested driver had a previous vehicle impounded for illegal racing, reckless driving, or comparable infraction, any vehicle used in a subsequent arrest for illegal racing is subject to forfeiture. Forfeiture may not occur until after the defendant is convicted.

 

Within 15 days of arrest where a vehicle is subject to forfeiture, law enforcement must provide notice of seizure to any known holders of interest in the vehicle. Any person who responds to the notice within 60 days is entitled to an opportunity to be heard. Otherwise, the vehicle will be deemed forfeited if the driver is convicted, or the vehicle will be returned to the registered owner, if the driver is not convicted. The law enforcement agency that seized the vehicle may sell it once the forfeiture occurs. Tow truck drivers are exempt from liability for injuries or damages sustained by the driver or third parties as a result of the illegal racing. If the impound is deemed improper, the police officer directing the impound is exempt from liability so long as they had reasonable suspicion to believe the driver was conducting illegal racing or a comparable ordinance violation.

  • Court Awareness– Adds Illegal Racing and Drifting, including in parking lots, to statutes allowing an officer to impound a vehicle.  Additionally, it allows accomplices to be cited for aiding and abetting racing. 
    • The Aid and Abetting version of the law is not being added to the JIS law table until requested.  If a court receives a citation for Aid and Abetting Illegal Racing, please submit a Law Table Request Form
  • Effective – January 1,2024 

 

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