Bill Summary – FastDemocracy

S-0505.1
                                 SENATE BILL 5297
     State of Washington         67th Legislature      2021 Regular Session
     By Senators Dhingra, Darneille, Das, Kuderer, Pedersen, and Wellman
     Read first time 01/20/21.   Referred to Committee on Law & Justice.
     AN ACT Relating to modernizing, harmonizing, and improving the
 efficacy and accessibility of laws concerning civil protection
 orders;   amending   RCW   7.--.---,   7.--.---,  7.--.---,  9.41.040,
 9.41.075, 9.41.801, 10.99.045, 26.55.010, 26.55.020, 26.55.030,
 26.55.040,   26.55.050,    2.28.210,  4.08.050,   4.24.130,  7.77.060,
 7.77.080,   9.41.010,    9.41.042,   9.41.070,   9.41.173,  9.94A.411,
 9.94A.515, 9.94A.525, 9.94A.637, 9.94A.660, 9.94A.662, 9.94A.703,
 9.96.060, 9A.36.041, 9A.40.104, 9A.46.040, 9A.46.060, 9A.46.085,
 9A.46.110, 9A.88.170, 9A.88.180, 10.01.240, 10.05.020, 10.05.030,
 10.22.010, 10.31.100, 10.66.010, 10.95.020, 10.99.040, 10.99.050,
 10.99.090, 11.92.195, 11.130.257, 11.130.335, 12.04.140, 12.04.150,
 13.40.0357, 13.40.160, 13.40.193, 13.40.265, 19.220.010, 26.09.003,
 26.09.015, 26.09.050, 26.09.060, 26.09.191, 26.09.300, 26.12.260,
 26.12.802, 26.26A.470, 26.26B.020, 26.26B.050, 26.28.015, 26.44.020,
 26.51.020, 26.52.010, 26.52.070, 36.18.020, 43.43.754, 48.18.550,
 49.76.020, 59.18.575, 70.02.230, 70.02.240, 71.09.305, 71.32.090,
 71.32.200, 72.09.712, 72.09.714, 74.34.020, 74.34.020, 74.34.110,
 7.90.150, and 7.92.160; reenacting and amending RCW 9.41.800,
 9.41.300, 9.94A.030, 10.99.020, 36.28A.410, 41.04.655, 43.43.842,
 59.18.570, and 71.32.260; adding a new section to chapter 9.41 RCW;
 adding new sections to chapter 26.55 RCW; adding a new section to
 chapter 43.20A RCW; adding a new section to chapter 70.123 RCW;
 adding a new section to chapter 9A.44 RCW; adding a new section to
                                       p. 1                         SB 5297
 chapter 9A.46 RCW; adding a new chapter to Title 7 RCW; creating a
 new section; recodifying RCW 26.50.150, 26.50.250, 7.90.150, and
 7.92.160; repealing RCW 7.90.005, 7.90.010, 7.90.020, 7.90.030,
 7.90.040, 7.90.050, 7.90.052, 7.90.053, 7.90.054, 7.90.055, 7.90.060,
 7.90.070, 7.90.080, 7.90.090, 7.90.100, 7.90.110, 7.90.120, 7.90.121,
 7.90.130, 7.90.140, 7.90.155, 7.90.160, 7.90.170, 7.90.180, 7.90.190,
 7.90.900, 7.92.010, 7.92.020, 7.92.030, 7.92.040, 7.92.050, 7.92.060,
 7.92.070, 7.92.080, 7.92.090, 7.92.100, 7.92.110, 7.92.120, 7.92.125,
 7.92.130, 7.92.140, 7.92.150, 7.92.170, 7.92.180, 7.92.190, 7.92.900,
 7.92.901, 7.94.010, 7.94.020, 7.94.030, 7.94.040, 7.94.050, 7.94.060,
 7.94.070, 7.94.080, 7.94.090, 7.94.100, 7.94.110, 7.94.120, 7.94.130,
 7.94.140,  7.94.150,   7.94.900,  10.14.010,   10.14.020,  10.14.030,
 10.14.040, 10.14.045, 10.14.050, 10.14.055, 10.14.060, 10.14.065,
 10.14.070, 10.14.080, 10.14.085, 10.14.090, 10.14.100, 10.14.105,
 10.14.110, 10.14.115,     10.14.120, 10.14.125, 10.14.130,   10.14.140,
 10.14.150, 10.14.155,     10.14.160, 10.14.170, 10.14.180,   10.14.190,
 10.14.200, 10.14.210,     10.14.800, 26.50.010, 26.50.020,   26.50.021,
 26.50.025, 26.50.030,     26.50.035, 26.50.040, 26.50.050,   26.50.055,
 26.50.060, 26.50.070,     26.50.080, 26.50.085, 26.50.090,   26.50.095,
 26.50.100, 26.50.110,     26.50.115, 26.50.120, 26.50.123,   26.50.125,
 26.50.130, 26.50.135,     26.50.140, 26.50.160, 26.50.165,   26.50.200,
 26.50.210, 26.50.220,     26.50.230, 26.50.240, 26.50.900,   26.50.901,
 74.34.115, 74.34.120,     74.34.130, 74.34.135, 74.34.140,   74.34.145,
 74.34.150,   74.34.160,      74.34.163,  74.34.210,   and    26.10.115;
 prescribing penalties;     providing effective dates; and     providing
 expiration dates.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
                                 PART I
                   FINDINGS, INTENT, AND DEFINITIONS
     NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) Washington state
 has been a national leader in adopting legal protections to prevent
 and respond to abuse, violence, harassment, stalking, neglect, or
 other threatening behavior, through the enactment of different types
 of civil protection orders, which are intended to provide a fast,
 efficient means to obtain protection against perpetrators of these
 harms.
                                       p. 2                          SB 5297
      (2) Washington state has enacted six different types of civil
 protection orders: (a) Domestic violence protection orders, adopted
 by the legislature in 1984; (b) vulnerable adult protection orders,
 adopted by the legislature in 1986; (c) antiharassment protection
 orders, adopted by the legislature in 1987; (d) sexual assault
 protection orders, adopted by the legislature in 2006; (e) stalking
 protection orders, adopted by the legislature in 2013; and (f)
 extreme risk protection orders, enacted by a vote of the people
 through Initiative Measure No. 1491 in 2016.
      (3) These civil protection orders are essential tools designed to
 address    significant    harms  impacting   individuals  as well   as
 communities. The legislature finds that:
      (a) Domestic violence is a problem of immense proportions. About
 15 percent of Washington adults report experiencing domestic violence
 in their lifetime, and women, low-income people, and Black and
 indigenous communities experience higher rates of domestic violence.
 When domestic violence victims seek to separate from their abuser,
 they face increased risks. 45 percent of domestic violence homicides
 occur within 90 days of a recent separation, while 75 percent occur
 within the first six months of separation. Domestic violence victims
 also face increased risks when their abuser has access to firearms.
 Firearms are used to commit more than half of all intimate partner
 homicides in the United States. When an abusive partner has access to
 a gun, a domestic violence victim is 11 times more likely to be
 killed. Domestic violence has long been recognized as being at the
 core of other major social problems: Child abuse, other crimes of
 violence against persons or property, homelessness, and alcohol and
 drug    abuse.   Research    has  identified   that  adverse childhood
 experiences such as exposure to domestic violence have long-term
 negative impacts on health, well-being, and life outcomes, including
 criminal legal system involvement. Washington state studies have
 found that domestic violence is the most predictive of future violent
 crime by the perpetrator. Nationwide, domestic violence costs over
 $460,000,000,000 each year for health care, absence from work,
 services to children, and more. Adolescent dating violence is
 occurring at increasingly high rates, and preventing and confronting
 adolescent violence is important in preventing future violence in
 adult relationships. Domestic violence should not be minimized or
 dismissed based on any mental health diagnoses of the perpetrator or
 the victim. To the contrary, the presence of mental health concerns
                                     p. 3                          SB 5297
 or substance use of either party increases the likelihood of serious
 injury and lethality. The legislature finds that it is in the public
 interest to improve the lives of persons being victimized by the acts
 and dynamics of domestic violence, to require reasonable, coordinated
 measures to prevent domestic violence from occurring, and to respond
 effectively to secure the safety of survivors of domestic violence;
     (b) Sexual assault is the most heinous crime against another
 person short of murder. Sexual assault inflicts humiliation,
 degradation, and terror on victims. The perpetrator's age, gender, or
 relationship does not define the seriousness. According to the
 centers for disease control and prevention, one in six men, one in
 three women, and one in two nonbinary persons will experience sexual
 violence in their lifetime. Because of the stigma of a sexual assault
 and trauma, many victims are afraid or are not ready to report to law
 enforcement and go through the rigors of the criminal justice
 process.   Individuals  with   disabilities;   Black  and   indigenous
 communities; and lesbian, gay, bisexual, transgender, queer, and
 other individuals experience a higher rate of sexual violence.
 Experiencing a sexual assault is itself a reasonable basis for
 ongoing fear. Rape is recognized as the most underreported crime;
 estimates suggest that only one in seven rapes is reported to
 authorities. Victims who do not report the crime still may need to
 seek safety and protection from future interactions with the
 perpetrator and have a right to such safety and protection. Some
 cases where rape is reported are not prosecuted or do not lead to a
 conviction. A victim should be able to expediently seek a civil
 remedy requiring that the perpetrator stay away from the victim,
 independent of the criminal process and regardless of whether related
 criminal charges are pending;
     (c) Stalking is a crime that affects 3,400,000 people over the
 age of 18 each year in the United States. Almost half of victims
 experience at least one unwanted contact per week. 29 percent of
 stalking victims fear that the stalking will never stop. The
 prevalence of anxiety, insomnia, social dysfunction, and severe
 depression is much higher among stalking victims than among the
 general population. Research shows that stalking is a significant
 indication of future lethality. Increased access to technology has
 also increased methods of stalking. Stalking is distinct from common
 acts of harassment or nuisance covered by antiharassment orders, and
 law enforcement agencies need to be able to rely on orders that
                                     p. 4                          SB 5297
 distinguish stalking from acts of harassment or nuisance. Victims who
 do not report the stalking behavior they are experiencing still may
 need safety and protection from future interactions with the
 perpetrator through expedient access to the civil court system, and
 this   protection   can   be  accomplished   without  infringing   on
 constitutionally protected speech or activity;
     (d) Serious, personal harassment through invasions of a person's
 privacy by an act, acts, or words showing an intent to coerce,
 intimidate, or humiliate the victim is increasing. The legislature
 finds the prevention of such harassment is an important governmental
 objective, and that victims should have access to a method to prevent
 further contact between the victim and perpetrator;
     (e) Some adults are vulnerable and may be subject to abuse,
 neglect, financial exploitation, or abandonment by a family member,
 care provider, or other person who has a relationship with the
 vulnerable adult. A vulnerable adult may have physical disabilities,
 mobility issues, or be otherwise unable to represent himself or
 herself in court or to retain legal counsel in order to obtain the
 relief available under this chapter or other protections offered
 through the courts. A vulnerable adult may lack the ability to
 perform or obtain those services necessary to maintain his or her
 well-being because he or she lacks the capacity for consent, and may
 have health problems that place him or her in a dependent position.
 The legislature finds the legal tool of protection orders will help
 prevent abuse, neglect, exploitation, or abandonment of vulnerable
 adults; and
     (f) Every year, over 100,000 persons in our country are victims
 of gunshot wounds and 38,000 individuals lose their lives from gun
 violence. On average, there are over 100 gun deaths each day, 61
 percent of which are suicides. In Washington state, the suicide rate
 is on average 10 percent higher. Extreme risk protection orders allow
 for the temporary removal of the most lethal means of suicide from
 the situation, saving lives of those at risk. Studies show that
 individuals   who   engage  in   certain   dangerous  behaviors   are
 significantly more likely to commit violence toward themselves or
 others in the near future. These behaviors, which can include other
 acts or threats of violence, self-harm, or the abuse of drugs or
 alcohol, are warning signs that the person may soon commit an act of
 violence. Individuals who pose a danger to themselves or others often
 exhibit signs that alert family, household members, or law
                                     p. 5                          SB 5297
 enforcement to the threat. Restricting firearms access in these
 moments of crisis is an important way to prevent gun violence and
 save lives. Many mass shooters displayed warning signs prior to their
 killings, but federal and state laws provided no clear legal process
 to suspend the shooters' access to guns, even temporarily. In
 enacting the extreme risk protection order, the people intended to
 reduce gun deaths and injuries, while respecting constitutional
 rights, by providing a procedure for family, household members, and
 law enforcement to obtain a court order temporarily preventing
 individuals who are at high risk of harming themselves or others from
 accessing firearms when there is demonstrated evidence that the
 individuals pose a significant danger, including danger as a result
 of threatening or violent behavior. Additionally, extreme risk
 protection orders may provide protections from firearm risks for
 individuals who are not eligible to petition for other types of
 protection orders. Extreme risk protection orders are intended to be
 limited to situations in which individuals pose a significant danger
 of harming themselves or others by possessing a firearm, having
 immediate access to a firearm, or having expressed intent to obtain a
 firearm, and include standards and safeguards to protect the rights
 of respondents and due process of law. Temporarily removing firearms
 under these circumstances is an important tool to prevent suicide,
 homicide, and community violence.
     (4) The legislature finds that all of these civil protection
 orders are essential tools that can increase safety for victims of
 domestic violence, sexual assault, stalking, abuse of vulnerable
 adults, unlawful harassment, and threats of gun violence to obtain
 immediate protection for themselves apart from the criminal legal
 system. Victims are in the best position to know what their safety
 needs are and should be able to seek these crucial protections
 without having to rely on the criminal legal system process. The
 legislature further finds the surrender of firearms in civil
 protection orders is critical to public health. In keeping with the
 harm reduction approach of this lifesaving tool, the legislature
 finds that it is appropriate to allow for immunity from prosecution
 for certain offenses when appropriate and necessary to overcome an
 assertion of a constitutional privilege against self-incrimination
 that would otherwise prevent a court from enforcing an order to
 surrender and prohibit firearms.
                                     p. 6                          SB 5297
     (5) To better achieve these important public purposes, the
 legislature further finds the need to clarify and simplify these
 civil protection order statutes to make them more understandable and
 accessible to victims seeking relief and to respondents who are
 subject to the court process. An efficient and effective civil
 process can provide necessary relief many victims require in order to
 escape and prevent harm. Clarification and simplification of the
 statutes will aid petitioners, respondents, law enforcement, and
 judicial officers in their application, help to eliminate procedural
 inconsistencies, modernize practices, provide better access to
 justice for those most marginalized, increase compliance, and improve
 identified problem areas within the statutes. Those who participate
 in the protection order process often find it difficult to navigate
 the statutes, which were adopted at different times and contain
 differing jurisdictional approaches, procedures, definitions, and
 types of relief offered, among other differences, all of which can
 create barriers and cause confusion. Harmonizing and standardizing
 provisions where there is not a need for a specific, different
 approach can provide more uniformity among the laws and significantly
 reduce these obstacles.
     The legislature finds that these improvements are needed to help
 ensure that protection orders and corresponding court processes are
 more easily accessible to all litigants, particularly parties who may
 experience higher barriers to accessing justice.
     (6) The legislature finds that advances in technology have made
 it increasingly possible to file petitions, effect service of
 process, and conduct hearings in protection order proceedings through
 more efficient and accessible means, while upholding constitutional
 due process requirements. These include using approaches such as
 online filing of petitions, electronic service of protection orders,
 and video and telephonic hearings to maintain and improve access to
 the courts. These alternatives can help make protection order
 processes more accessible, effective, timely, and procedurally just,
 particularly in situations where there are emergent risks. The