CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1320
Chapter 215, Laws of 2021
67th Legislature
2021 Regular Session
CIVIL PROTECTION ORDERS
EFFECTIVE DATE: July 1, 2022—Except for sections 12, 16, 18, 25, and
36, which take effect July 25, 2021.
Passed by the House April 14, 2021 CERTIFICATE
Yeas 55 Nays 42
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1320 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 10, 2021
Yeas 27 Nays 20
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 10, 2021 3:11 PM FILED
May 10, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1320
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Goodman, Thai, Fitzgibbon, Hackney, Wylie, Gregerson, Senn, Ortiz-
Self, Davis, Valdez, Lekanoff, Macri, Slatter, and Peterson)
READ FIRST TIME 02/22/21.
1 AN ACT Relating to modernizing, harmonizing, and improving the
2 efficacy and accessibility of laws concerning civil protection
3 orders; amending RCW 9.41.040, 9.41.075, 9.41.801, 10.99.045,
4 26.55.010, 26.55.020, 26.55.030, 26.55.040, 26.55.050, 2.28.210,
5 4.08.050, 4.24.130, 7.77.060, 7.77.080, 9.41.010, 9.41.070, 9.41.173,
6 9.94A.411, 9.94A.515, 9.94A.525, 9.94A.637, 9.94A.660, 9.94A.662,
7 9.94A.703, 9.96.060, 9A.36.041, 9A.40.104, 9A.46.040, 9A.46.060,
8 9A.46.085, 9A.46.110, 9A.88.170, 9A.88.180, 10.01.240, 10.05.020,
9 10.05.030, 10.22.010, 10.31.100, 10.66.010, 10.95.020, 10.99.040,
10 10.99.050, 10.99.090, 11.130.257, 11.130.335, 12.04.140, 12.04.150,
11 19.220.010, 26.09.003, 26.09.015, 26.09.050, 26.09.060, 26.09.191,
12 26.09.300, 26.12.260, 26.12.802, 26.26A.470, 26.26B.020, 26.26B.050,
13 26.28.015, 26.44.020, 26.51.020, 26.52.010, 26.52.070, 36.18.020,
14 43.43.754, 48.18.550, 49.76.020, 59.18.575, 71.09.305, 71.32.090,
15 71.32.200, 72.09.712, 72.09.714, 74.34.020, 74.34.110, 7.90.150, and
16 7.92.160; reenacting and amending RCW 9.41.800, 9.41.300, 9.94A.030,
17 10.99.020, 36.28A.410, 41.04.655, 43.43.842, 50.20.050, 59.18.570,
18 and 71.32.260; adding a new section to chapter 9.41 RCW; adding new
19 sections to chapter 26.55 RCW; adding a new section to chapter
20 28A.225 RCW; adding a new section to chapter 43.20A RCW; adding a new
21 section to chapter 70.123 RCW; adding a new section to chapter 9A.44
22 RCW; adding a new section to chapter 9A.46 RCW; adding a new chapter
23 to Title 7 RCW; creating new sections; recodifying RCW 26.50.150,
p. 1 E2SHB 1320.SL
 1 26.50.250, 7.90.150, and 7.92.160; repealing RCW 7.90.005, 7.90.010,
2 7.90.020, 7.90.030, 7.90.040, 7.90.050, 7.90.052, 7.90.053, 7.90.054,
3 7.90.055, 7.90.060, 7.90.070, 7.90.080, 7.90.090, 7.90.100, 7.90.110,
4 7.90.120, 7.90.121, 7.90.130, 7.90.140, 7.90.155, 7.90.160, 7.90.170,
5 7.90.180, 7.90.190, 7.90.900, 7.92.010, 7.92.020, 7.92.030, 7.92.040,
6 7.92.050, 7.92.060, 7.92.070, 7.92.080, 7.92.090, 7.92.100, 7.92.110,
7 7.92.120, 7.92.125, 7.92.130, 7.92.140, 7.92.150, 7.92.170, 7.92.180,
8 7.92.190, 7.92.900, 7.92.901, 7.94.010, 7.94.020, 7.94.030, 7.94.040,
9 7.94.050, 7.94.060, 7.94.070, 7.94.080, 7.94.090, 7.94.100, 7.94.110,
10 7.94.120, 7.94.130, 7.94.140, 7.94.150, 7.94.900, 10.14.010,
11 10.14.020, 10.14.030, 10.14.040, 10.14.045, 10.14.050, 10.14.055,
12 10.14.060, 10.14.065, 10.14.070, 10.14.080, 10.14.085, 10.14.090,
13 10.14.100, 10.14.105, 10.14.110, 10.14.115, 10.14.120, 10.14.125,
14 10.14.130, 10.14.140, 10.14.150, 10.14.155, 10.14.160, 10.14.170,
15 10.14.180, 10.14.190, 10.14.200, 10.14.210, 10.14.800, 26.50.010,
16 26.50.020, 26.50.021, 26.50.025, 26.50.030, 26.50.035, 26.50.040,
17 26.50.050, 26.50.055, 26.50.060, 26.50.070, 26.50.080, 26.50.085,
18 26.50.090, 26.50.095, 26.50.100, 26.50.110, 26.50.115, 26.50.120,
19 26.50.123, 26.50.125, 26.50.130, 26.50.135, 26.50.140, 26.50.160,
20 26.50.165, 26.50.200, 26.50.210, 26.50.220, 26.50.230, 26.50.240,
21 26.50.900, 26.50.901, 74.34.115, 74.34.120, 74.34.130, 74.34.135,
22 74.34.140, 74.34.145, 74.34.150, 74.34.160, 74.34.163, 74.34.210, and
23 26.10.115; prescribing penalties; and providing an effective date.
24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
25 PART I
26 FINDINGS, INTENT, AND DEFINITIONS
27 NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) Washington state
28 has been a national leader in adopting legal protections to prevent
29 and respond to abuse, violence, harassment, stalking, neglect, or
30 other threatening behavior, through the enactment of different types
31 of civil protection orders, which are intended to provide a fast,
32 efficient means to obtain protection against perpetrators of these
33 harms.
34 (2) Washington state has enacted six different types of civil
35 protection orders: (a) Domestic violence protection orders, adopted
36 by the legislature in 1984; (b) vulnerable adult protection orders,
37 adopted by the legislature in 1986; (c) antiharassment protection
p. 2 E2SHB 1320.SL
 1 orders, adopted by the legislature in 1987; (d) sexual assault
2 protection orders, adopted by the legislature in 2006; (e) stalking
3 protection orders, adopted by the legislature in 2013; and (f)
4 extreme risk protection orders, enacted by a vote of the people
5 through Initiative Measure No. 1491 in 2016.
6 (3) These civil protection orders are essential tools designed to
7 address significant harms impacting individuals as well as
8 communities. The legislature finds that:
9 (a) Domestic violence is a problem of immense proportions. About
10 15 percent of Washington adults report experiencing domestic violence
11 in their lifetime, and women, low-income people, and Black and
12 indigenous communities experience higher rates of domestic violence.
13 When domestic violence victims seek to separate from their abuser,
14 they face increased risks. Forty-five percent of domestic violence
15 homicides occur within 90 days of a recent separation, while 75
16 percent occur within the first six months of separation. Domestic
17 violence victims also face increased risks when their abuser has
18 access to firearms. Firearms are used to commit more than half of all
19 intimate partner homicides in the United States. When an abusive
20 partner has access to a gun, a domestic violence victim is 11 times
21 more likely to be killed. Domestic violence has long been recognized
22 as being at the core of other major social problems: Child abuse,
23 other crimes of violence against persons or property, homelessness,
24 and alcohol and drug abuse. Research has identified that adverse
25 childhood experiences such as exposure to domestic violence have
26 long-term negative impacts on health, well-being, and life outcomes,
27 including criminal legal system involvement. Washington state studies
28 have found that domestic violence is the most predictive of future
29 violent crime by the perpetrator. Nationwide, domestic violence costs
30 over $460,000,000,000 each year for health care, absence from work,
31 services to children, and more. Adolescent dating violence is
32 occurring at increasingly high rates, and preventing and confronting
33 adolescent violence is important in preventing future violence in
34 adult relationships. Domestic violence should not be minimized or
35 dismissed based on any mental health diagnoses of the perpetrator or
36 the victim. To the contrary, the presence of mental health concerns
37 or substance use of either party increases the likelihood of serious
38 injury and lethality. The legislature finds that it is in the public
39 interest to improve the lives of persons being victimized by the acts
40 and dynamics of domestic violence, to require reasonable, coordinated
p. 3 E2SHB 1320.SL
 1 measures to prevent domestic violence from occurring, and to respond
2 effectively to secure the safety of survivors of domestic violence;
3 (b) Sexual assault is the most heinous crime against another
4 person short of murder. Sexual assault inflicts humiliation,
5 degradation, and terror on victims. The perpetrator's age, gender, or
6 relationship does not define the seriousness. According to the
7 centers for disease control and prevention, one in six men, one in
8 three women, and one in two nonbinary persons will experience sexual
9 violence in their lifetime. Because of the stigma of a sexual assault
10 and trauma, many victims are afraid or are not ready to report to law
11 enforcement and go through the rigors of the criminal justice
12 process. Individuals with disabilities; Black and indigenous
13 communities; and lesbian, gay, bisexual, transgender, queer, and
14 other individuals experience a higher rate of sexual violence.
15 Experiencing a sexual assault is itself a reasonable basis for
16 ongoing fear. Rape is recognized as the most underreported crime;
17 estimates suggest that only one in seven rapes is reported to
18 authorities. Victims who do not report the crime still may need to
19 seek safety and protection from future interactions with the
20 perpetrator and have a right to such safety and protection. Some
21 cases where rape is reported are not prosecuted or do not lead to a
22 conviction. A victim should be able to expediently seek a civil
23 remedy requiring that the perpetrator stay away from the victim,
24 independent of the criminal process and regardless of whether related
25 criminal charges are pending;
26 (c) Stalking is a crime that affects 3,400,000 people over the
27 age of 18 each year in the United States. Almost half of victims
28 experience at least one unwanted contact per week. 29 percent of
29 stalking victims fear that the stalking will never stop. The
30 prevalence of anxiety, insomnia, social dysfunction, and severe
31 depression is much higher among stalking victims than among the
32 general population. Research shows that stalking is a significant
33 indication of future lethality. Increased access to technology has
34 also increased methods of stalking. Stalking is distinct from common
35 acts of harassment or nuisance covered by antiharassment orders, and
36 law enforcement agencies need to be able to rely on orders that
37 distinguish stalking from acts of harassment or nuisance. Victims who
38 do not report the stalking behavior they are experiencing still may
39 need safety and protection from future interactions with the
40 perpetrator through expedient access to the civil court system, and
p. 4 E2SHB 1320.SL
 1 this protection can be accomplished without infringing on
2 constitutionally protected speech or activity;
3 (d) Serious, personal harassment through invasions of a person's
4 privacy by an act, acts, or words showing an intent to coerce,
5 intimidate, or humiliate the victim is increasing. The legislature
6 finds the prevention of such harassment is an important governmental
7 objective, and that victims should have access to a method to prevent
8 further contact between the victim and perpetrator. A person may be
9 targeted for harassing behavior due to his or her identity, such as
10 age, gender, sexual orientation, race, religion, disability, or
11 immigration status. The legislature finds that unlawful harassment
12 directed at a child by a child is not acceptable and can have serious
13 consequences, but that some negative interactions between young
14 people, especially in schools, do not rise to the level of unlawful
15 harassment. It is the intent of the legislature that a protection
16 order sought by the parent or guardian of a child as provided for in
17 this chapter be available only when the alleged behavior of the
18 person under the age of 18 to be restrained rises to the level set
19 forth in this chapter;
20 (e) Some adults are vulnerable and may be subject to abuse,
21 neglect, financial exploitation, or abandonment by a family member,
22 care provider, or other person who has a relationship with the
23 vulnerable adult. A vulnerable adult may have physical disabilities,
24 mobility issues, or be otherwise unable to represent himself or
25 herself in court or to retain legal counsel in order to obtain the
26 relief available under this chapter or other protections offered
27 through the courts. A vulnerable adult may lack the ability to
28 perform or obtain those services necessary to maintain his or her
29 well-being because he or she lacks the capacity for consent, and may
30 have health problems that place him or her in a dependent position.
31 The legislature finds the legal tool of protection orders will help
32 prevent abuse, neglect, exploitation, or abandonment of vulnerable
33 adults; and
34 (f) Every year, over 100,000 persons in our country are victims
35 of gunshot wounds and 38,000 individuals lose their lives from gun
36 violence. On average, there are over 100 gun deaths each day, 61
37 percent of which are suicides. In Washington state, the suicide rate
38 is on average 10 percent higher. Extreme risk protection orders allow
39 for the temporary removal of the most lethal means of suicide from
40 the situation, saving lives of those at risk. Studies show that
p. 5 E2SHB 1320.SL
 1 individuals who engage in certain dangerous behaviors are
2 significantly more likely to commit violence toward themselves or
3 others in the near future. These behaviors, which can include other
4 acts or threats of violence, self-harm, or the abuse of drugs or
5 alcohol, are warning signs that the person may soon commit an act of
6 violence. Individuals who pose a danger to themselves or others often
7 exhibit signs that alert family, household members, or law
8 enforcement to the threat. Restricting firearms access in these
9 moments of crisis is an important way to prevent gun violence and
10 save lives. Many mass shooters displayed warning signs prior to their
11 killings, but federal and state laws provided no clear legal process
12 to suspend the shooters' access to guns, even temporarily. In
13 enacting the extreme risk protection order, the people intended to
14 reduce gun deaths and injuries, while respecting constitutional
15 rights, by providing a procedure for family, household members, and
16 law enforcement to obtain a court order temporarily preventing
17 individuals who are at high risk of harming themselves or others from
18 accessing firearms when there is demonstrated evidence that the
19 individuals pose a significant danger, including danger as a result
20 of threatening or violent behavior. Additionally, extreme risk
21 protection orders may provide protections from firearm risks for
22 individuals who are not eligible to petition for other types of
23 protection orders. Extreme risk protection orders are intended to be
24 limited to situations in which individuals pose a significant danger
25 of harming themselves or others by possessing a firearm, having
26 immediate access to a firearm, or having expressed intent to obtain a
27 firearm, and include standards and safeguards to protect the rights
28 of respondents and due process of law. Temporarily removing firearms
29 under these circumstances is an important tool to prevent suicide,
30 homicide, and community violence.
31 (4) The legislature finds that all of these civil protection
32 orders are essential tools that can increase safety for victims of
33 domestic violence, sexual assault, stalking, abuse of vulnerable
34 adults, unlawful harassment, and threats of gun violence to obtain
35 immediate protection for themselves apart from the criminal legal
36 system. Victims are in the best position to know what their safety
37 needs are and should be able to seek these crucial protections
38 without having to rely on the criminal legal system process. The
39 legislature further finds the surrender of firearms in civil
40 protection orders is critical to public health. In keeping with the
p. 6 E2SHB 1320.SL
 1 harm reduction approach of this lifesaving tool, the legislature
2 finds that it is appropriate to allow for immunity from prosecution
3 for certain offenses when appropriate to create a safe harbor from
4 prosecution for certain offenses to increase compliance with orders
5 to surrender and prohibit firearms.
6 (5) To better achieve these imp