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July 2004New Legislation of Interest to Attorneys: 2004 HighlightsBy Senator Stephen L. Johnson, Member, Senate Judiciary Committee, and Representative Pat Lantz, Chair, House Judiciary Committee The Senate and House Judiciary Committees considered a diverse number of bills during the 2004 legislative session. Significant legislation was passed, including bills dealing with criminal, family, and civil law, as well as bills pertaining to corporations, mental health, and juvenile justice. Cooperation with the House Judiciary Committee and the House Criminal Justice Committee was critical in ensuring the passage of many bills that will benefit our state's justice system. This article focuses on Bar-related legislation considered by the Senate and House Judiciary Committees during the 2004 session. Space does not allow for a full discussion of the context of each bill; however, all bill reports, including any bills considered by the Legislature, can be accessed at the legislative website (www.leg.wa.gov). The reports usually provide information on why a bill was introduced, and who testified for and against it. Senate Judiciary Committee staff can be contacted at 360-786-7462 or PO Box 40466, Olympia, WA 98504-0466. As in past years, a full description of all bills that passed the 2004 Legislature can also be obtained by ordering the 2004 Final Legislative Report. The report is available for approximately $10 by calling the Legislative Information Center at 360-786-7573 or by writing to PO Box 40482, Olympia, WA 98504-0482. Criminal Law SSB 5168: Authorizing reduction of interest on legal financial obligations. When an offender has made a good-faith effort to pay his or her legal financial obligations, he or she may petition the court to reduce or waive the interest on legal financial obligations other than the interest on restitution. When an offender is subject to sentence requirements and the payment of legal financial obligations and either the offender is not subject to Department of Corrections (DOC) supervision or the requirements are not complete at the end of the supervision, it is the offender's responsibility to provide the court with adequate verification of the completion of sentence requirements. E2SSB 5216: Revising forensic competency and sanity examinations. When there is reason to doubt the competency of a defendant, the court may, upon agreement of the parties, designate one professional person to evaluate the defendant. The signed court order for the evaluation serves as authority for the experts to access the defendant's mental health, medical, educational, and correctional records that relate to the defendant's condition. SSB 6103: Making certain types of extreme fighting illegal. An "amateur event" is defined as one in which "all the participants are amateurs" and it is sanctioned by specified entities, such as the Washington Interscholastic Activities Association, NCAA, Golden Gloves, or similar organizations. Certain forms of fighting are defined as having the purpose of intentionally injuring a contestant and are prohibited. Other forms of fighting, which allow the participation of contestants who are not trained in the sport, are defined and prohibited, and "elimination tournaments" are also defined and prohibited. The promotion of any form of fighting prohibited by the statute is a class C felony. SB 6326: Defining prohibited bus conduct. The definitions of "municipal transit station" and "municipal transit vehicle" are amended to include facilities or vehicles operated by a regional transit authority. The unlawful bus conduct offenses in current law apply to persons in facilities or vehicles operated by regional transit authorities. SB 6357: Modifying criminal trespass law. A person who enters or remains upon improved and apparently used land that is open to the public at particular times, and is not fenced or enclosed in a manner to exclude intruders, does so with license and privilege unless notice of prohibited times of entry are posted in a conspicuous manner. SB 6378: Prohibiting unauthorized recording of motion pictures. It is a gross misdemeanor to knowingly record a motion picture being shown in an exhibition facility without the consent of both the owner of the facility and the licensor of the motion picture. Owners and employees of exhibition facilities may not be held civilly liable for measures taken, in good faith, to detain a person reasonably believed to be recording a motion picture. ESHB 2400: Providing enhanced penalties for sex crimes against children. A variety of changes are made to the Special Sex Offender Sentencing Alternative (SSOSA). The following persons are ineligible for SSOSA: (1) persons with adult convictions for violent offenses committed within five years of the current offense; (2) persons who caused substantial bodily harm to the victim; and (3) persons who had no connection with the victim other than the offense itself. The court must consider specified factors when deciding whether to grant a SSOSA sentence. The court must give great weight to the victim's opinion. If the court orders a sentence that is contrary to the victim's opinion, the court must state its reasons in writing. As a condition of the suspended sentence, the court must impose a term of incarceration of up to 12 months or the maximum of the standard range, whichever is less. The term may not be reduced by earned release credits. The court must order prohibitions and affirmative conditions regarding known behaviors or activities that serve as precursors to the offender's offense cycle. The maximum for the initial treatment term is increased from three years to five years. The court must conduct a hearing on the offender's progress in treatment at least once a year. Upon a second violation of a prohibition against precursor behaviors or activities, the DOC must refer the offender back to the court and recommend revocation of the suspended sentence. The court must provide to the victim notice and the opportunity to be heard at the annual treatment hearings and the treatment termination hearing. The court may extend treatment in two-year increments. The Washington Institute for Public Policy and the Sentencing Guidelines Commission must analyze sex-offender sentencing policies and the SSOSA program and report their results and recommendations to the Legislature by December 31, 2004. ESHB 2771: Prohibiting cyberstalking. A person is guilty of the new crime of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to the other person or a third party via the Internet or electronic mail: (1) using lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act; (2) anonymously or repeatedly whether or not conversation occurs; or (3) threatening to inflict injury on the person or property of the person contacted or any member of his or her family or household. Cyberstalking is a gross misdemeanor, but becomes a class C felony with a seriousness level of III if the offender has a previous conviction of several listed crimes or the offender committed the crime by threatening to kill another person. Juvenile Justice SSB 6105: Revising penalties for animal cruelty. The juvenile court may impose a deferred disposition on a juvenile convicted of animal cruelty first-degree, require the offender to submit to a mental-health evaluation, and order the offender to attend treatment as a condition of community supervision. At the conclusion of the period in the order of deferral, the offender's conviction for animal cruelty first-degree is not vacated from his or her record. Animal cruelty first-degree is ranked as an offense category B. ESSB 6472: Revising provisions relating to victims of crime. Victims, survivors of victims, and witnesses of crimes committed by juveniles are given the same rights as victims of adult offenders. The same definition of "victim" is added to the chemical dependency disposition alternative for juvenile offenders and to juvenile restitution provisions. Restitution for counseling costs reasonably related to the offense is authorized for victims of all juvenile offenses, not just for sex offenses. Judges are given discretion to relieve a juvenile offender of an obligation to pay restitution to an insurance provider if the juvenile does not have the means to pay and could not reasonably acquire the means to pay over a 10-year period. Judges are also given discretion to relieve juveniles of the requirement to pay restitution in diversion cases, and if that relief is granted, the court may order an appropriate amount of community restitution. In dispositions involving sex-offender treatment, a court must order that an offender shall not attend the same school as the victim or the victim's siblings. ESHB 3078: Revising timelines for sealing juvenile records. The requirement that a juvenile be at least 18 years old before he or she may request that his or her juvenile record be sealed is removed. The length of time a person must spend in the community without committing an offense before his or her record may be sealed is decreased. Juvenile records relating to class-B offenses may be sealed if the offender has spent five consecutive years in the community without committing an offense. Juvenile records relating to class C, gross misdemeanor, misdemeanor offenses, and diversions may be sealed after the offender has spent two consecutive years in the community without committing an offense. Driving Under the Influence SHB 2660: Revising provisions involving alcohol-related offenses. The mandatory use of ignition interlocks is expanded with respect to criminal convictions, administrative actions, temporary restricted licenses, and deferred prosecutions. An interlock is required after the suspension or revocation of a license for any DUI offense, including a first-time, low blood alcohol concentration (BAC) offense, as well as for any alcohol-related deferred prosecution, including a first deferred prosecution. A "temporary restricted license" is created which replaces the "occupational license" for drivers who have lost their licenses because of DUI-related criminal or administrative sanctions, and which is to be granted only if the applicant has installed an ignition interlock. The fee for a temporary restricted license is increased from $25 to $100. Some DUI offenders who have refused to take the BAC test receive increased periods of revocation upon conviction. The periods of license loss for a first-, second-, and third-time offender, respectively, are two years (instead of one), three years (instead of 900 days), and four years (unchanged). Administrative and criminal periods of suspension arising from the same incident are to be credited against each other. SHB 3055: Providing uniformity for admissibility of alcohol tests. Nothing in the implied consent law prevents a police officer from getting a search warrant in order to obtain breath- or blood-evidence samples. The absence of a breath-testing device is no longer necessary before a police officer may request a blood test in lieu of a breath test when a driver is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility. The category of persons who may withdraw blood samples is expanded. Specific criteria are established regarding the admissibility of breath-test results in a judicial or administrative proceeding. Breath-test results are admissible if there is prima facie evidence that certain specified conditions were met. Defense challenges to the reliability or accuracy of a breath test may not be used to prevent the introduction of the evidence once the prosecution has made a prima facie case. However, evidence presented by the defense in making such a challenge may be considered by the trier of fact in determining the weight to be given to the breath-test results. Civil Law 2ESSB 5536: Resolving claims relating to condominium construction. Implied warranties extend to the extent of defective materials, sound engineering and construction, workmanship, and compliance with all laws. The condo owner must show that the defect adversely affected the performance of the condo. Damages for a breach are cost of repairs, unless cost of repairs is grossly disproportionate to the loss in market value; then damages are limited to loss in market value. A committee is created to study third-party water-penetration inspections and arbitration as an alternative to court action. A warranty insurance program is established as an alternative to the implied-warranty provisions of the Washington State Condominium Act (WCA), Chapter 64.34 RCW. SSB 5590: Determining the appeals period for certain environmental appeals. The period for appealing decisions of the Pollution Control Hearings Board to superior court and for appealing civil penalties, orders, permits, and other actions to the board is within 30 days of the date of receipt of notice. Date of receipt means either five business days after the date of mailing or the date of actual receipt, if it can be proved by a preponderance of the evidence and is not later than 45 days from the date of mailing. ESB 6189: Regulating receiverships. The rules generally governing receivership proceedings are consolidated into a single chapter. The rules applied to general liquidating receiverships are clarified, and a single section is created to list all circumstances in which a receiver's appointment is permissible. The procedures, notice, and timelines for the appointment of receivers are specified as well as the powers and duties of receivers. A comprehensive claims procedure and system of priorities in general liquidating receiverships is established. SSB 6261: Modifying juror payment provisions. Statutory language is amended to clarify that jurors are eligible to receive expense payments, rather than compensation, for their service. This allows federal employees to retain expense payments for jury service, rather than being required to remit juror compensation to the federal government. ESSB 6270: Revising provisions relating to attorneys' liens. An attorney has a lien upon the action and its proceeds to the extent of the value of the services performed by the attorney in that action. "Proceeds" are limited to monetary sums received in the action. The attorney's lien is superior to all other liens upon the judgment, subject to the rights of secured parties under the Uniform Commercial Code. SSB 6527: Increasing the statutory rate for attorney's fees. For cases in district court, superior court, the Court of Appeals, or the Supreme Court, the statutory attorney's fee is raised from $125 to $200. If a district court judgment is over $50, but less than $200, the statutory attorney's fee remains at $125. SSB 6600: Revising construction liability provisions. There is a six-year statute of limitations for all claims or causes of action of any kind against any person arising from the person having constructed, altered, or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural, or construction or engineering services, or supervision or observation of construction, or administration of construction contracts for any construction, alteration, or repair of any improvement upon real property. This applies only to persons having performed work for which the persons must be registered or licensed as architects, contractors, engineers, surveyors, landscape architects, or electricians. SSB 6601: Limiting obesity lawsuits. Manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food or alcoholic beverages are not subject to liability actions by a private party arising out of weight gain, obesity, or any associated health condition caused by or the result of long-term purchase or consumption of food. When the losing party in small-claims court fails to pay the judgment within 30 days or within the time allowed by the court, the court must increase the judgment by the costs incurred by the prevailing party to enforce the judgment, including reasonable attorney fees. This is in addition to the costs to certify and file the judgment. HB 1580 : Revising provisions of the personality rights act. The Personality Rights Act is amended to state that the act does not apply to the distribution, promotion, transfer, or license of a photograph or other material containing a person's name, voice, signature, photograph, or likeness, to a third party for use in a manner that is lawful. A parent of a minor child may exercise the minor child's individual or personality rights granted under the act. SHB 1867: Establishing replevin procedures. The replevin statute is amended to alter time limitations, bond requirements, and enforcement mechanisms. The requirement that a hearing on the order to show cause be set within 10 to 25 days of the order is removed. The defendant must still be served with a copy of the order to show cause within five days of the hearing. A plaintiff's bond is not required if the defendant was properly served with the order to show cause and the defendant either fails to appear, or appears but does not contest the order. A defendant who fails to turn over property to the plaintiff or sheriff after the court has awarded the property to the plaintiff may be held in contempt of court. The order awarding possession of the property may be executed in any county of the state where the property is found. HB 2485: Revising the rate of interest on certain tort judgments. The interest rate on tort judgments is to be determined by adding two points to the 26-week T-bill rate. This new method of calculating interest rates applies to interest on judgments still accruing interest on the effective date of the act, as well as to interest on judgments entered after the act takes effect. The act does not change the interest rate on legal obligations imposed as the result of a criminal conviction. ESHB 2787: Providing immunity from liability for licensed healthcare providers at community healthcare settings. Good Samaritan Act immunity coverage for individuals who volunteer healthcare services in certain healthcare settings is expanded beyond physicians to include all licensed healthcare providers regulated by certain disciplining authorities. In addition, a healthcare provider may be immune from liability when volunteering healthcare services at a for-profit corporation or hospital-based clinic under certain circumstances. SHB 3083: Providing immunity for any person who cooperates with an investigation of child abuse or neglect. A person is immune from civil liability for cooperating in an investigation of child abuse or neglect if the person acted in good faith and without gross negligence. The immunity does not apply to a person cooperating in an investigation if the person caused or allowed the child abuse or neglect to occur. Probate SB 6121: Filing a will under seal before the testator's death. Court clerks are authorized to accept original wills under seal, and any person may file a will in his or her custody with any court having proper jurisdiction. A will filed under seal may be withdrawn by the testator at any time; any other person may withdraw the will with a court order. SHB 2904: Modifying estate adjudication provisions. When no personal representative has been appointed to administer the estate of a deceased person, the person obtaining an adjudication of testacy, intestacy, or heirship has 30 days to provide notice of the adjudication to the Washington Department of Social and Health Services' Office of Financial Recovery along with the decedent's name and Social Security number. A person paying, delivering, transferring, or issuing property to the heir of an estate is not released from liability for assets transferred from the estate for four months after providing notice of adjudication. Courts SB 6518: Changing the general-election ballot for the office of judge of the district court. During the primary election for the office of judge of the district court, if a candidate receives a majority of the votes cast, the name of that candidate only is printed on the general election ballot. HB 2473: Restricting possession of weapons in courthouse buildings. A law-enforcement officer is prohibited from possessing a weapon in a court facility if the officer is present at the facility as a party to an action involving harassment or domestic violence. Insurance HB 2014: Preventing denial of insurance coverage for injuries caused by narcotic or alcohol use. All health carriers are explicitly prohibited from denying coverage for the treatment of an injury solely because the injury resulted from the use of alcohol or narcotics. The law allowing individual disability insurers to deny payment for the treatment of injuries resulting from the use of alcohol or narcotics is repealed. The provisions of the bill apply to all contracts issued or renewed on or after the effective date of the bill. EHB 2364: Regulating homeowners' insurance. Property and casualty insurers offering homeowners' policies are prohibited from discriminating against an applicant or insured because he or she is a foster parent licensed under Chapter 74.15 RCW. Insurers are specifically prohibited from denying an application, as well as canceling, modifying, or refusing to renew a policy based upon the fact that the insured is a foster parent. ESHB 2460: Providing access to health insurance for small employers and their employees. Health carriers are authorized to offer small employers a limited health plan that features a limited schedule of covered healthcare services. The exemption from existing mandates is made applicable to plans offered to any small employer, not just those employing up to 25 employees. The definition of small employer is changed from an establishment employing between one and 50 employees to an establishment employing between two and 50 employees. However, existing groups of one will be grandfathered. Carriers may develop rates based on claims costs due to network provider reimbursement schedules or type of network. Rate increases for small-group products may vary based on deductibles, benefit design, or provider network. Rate increases may vary by up to four percentage points from the overall adjustment of the carrier's entire small-group pool. Current continuity of coverage provisions is amended to cover plans of groups of up to 200, and to allow a group plan to be discontinued, with 90 days' notice, as long as policyholders are allowed to continue coverage in any other group plan offered by the carrier. A group plan may also be discontinued if the carrier discontinues all coverage in the particular market. Employees working for small employers with fewer than 20 employees who leave their jobs may apply for individual health-insurance policies without first taking the health questionnaire if they had at least 24 months of immediately prior continuous group coverage and application is made within 90 days of when the person would have qualified for COBRA coverage. The requirement that carriers offer conversion policies is repealed. Persons who lose their conversion coverage may apply for individual coverage without taking the standard health questionnaire. Family Law — Domestic Violence SSB 6384: Imposing penalties against convicted domestic-violence offenders to pay for domestic-violence programs. A penalty of up to $100 is established for anyone convicted of a crime involving domestic violence. Revenues collected must be used to fund domestic-violence advocacy, prevention, and prosecution programs in the city or county in which the court imposing the penalty is located. This revenue is in addition to existing sources of funding for domestic-violence programming. ESSB 6642: Ordering case conferences following shelter-care hearings. A case conference must be convened no later than 30 days prior to the fact-finding hearing, and a written service agreement must be created that establishes voluntary services for the parent. The participants in the case conference are specifically limited to the parties, their counsel, and other persons agreed upon by the parties. A shelter-care order must include a provision establishing a case conference unless the parent is not present at the shelter-care hearing or does not agree to the case conference. The court is permitted to order a conference or meeting as an alternative to the case conference so long as the ordered conference includes the requirements of the case conference and a written agreement establishing the services to be provided to the parent. SB 6643: Providing guidelines for family visitation for dependent children. The agency charged with a child's care shall encourage the maximum parent and child and sibling contact possible when it is in the best interest of the child. The Department of Social and Health Services (DSHS) must develop consistent visitation policies and protocols, to be implemented throughout the state. DSHS must develop the policies and protocols with researchers, community-based agencies, court-appointed special advocates, parents' representatives, and court representatives. The policies and protocols must include the structure and quality of visitations, training, visitation supervisors, and foster parents and visitation. DSHS must report on the policies and protocols concerning visitation for dependent children to the appropriate committees of the Legislature by January 1, 2005. ESHB 2554: Authorizing collection of support payments for children with developmental disabilities in out-of-home care. The Department of Social and Health Services is required to refer a case to the Division of Child Support whenever state or federal funds are expended for the care and maintenance of a child placed into care as a result of a dependency or termination action, including a child with a developmental disability, unless there is good cause not to pursue collection of child support against the parents of the child. The act statutorily clarifies that the DSHS may administratively establish an order of child support in a dependency or termination of parental rights action. The DSHS may institute a collection action against parents of children eligible for admission to, or who have been discharged from, a residential habilitation center if the child is placed into care as a result of a dependency or termination action. SHB 3051: Revising notice provisions for proceedings involving Indian children. Notice provisions regarding the Indian Child Welfare Act are added to the statutes dealing with (a) third-party custody proceedings; (b) adoptions; (c) dependencies; and (d) Children in Need of Services and At Risk Youth proceedings. Whenever the court or petitioner knows or has reason to know that an Indian child is involved, the petitioning party must promptly give notice to the child's parent or Indian custodian and any tribe of which the child is a member. If the identity or location of the parent or Indian custodian or the tribe cannot be determined, notice must be given to the Secretary of the Interior. The notice must contain a statement notifying the parent or Indian custodian and the tribe of the pending proceeding and notifying the tribe of the tribe's right to intervene and/or request that the case be transferred to tribal court. A provision is added to the adoption statutes that states no termination, relinquishment, or placement proceeding shall be held until at least 10 days after receipt of notice by the tribe. The tribe may request an additional 20 days to prepare for the proceeding. Business — Corporations — Partnerships ESB 6188: Authorizing electronic notice and other communications within the Washington Nonprofit Corporation Act. Nonprofit corporations are authorized to transmit, via electronic transmission, filings, consents, notices, and communications between shareholders and directors. Members and directors must first consent to receive notification by electronic transmission and may revoke consent at any time. Cooperatives organized under the Nonprofit Miscellaneous and Mutual Corporations Act may elect to avail themselves of certain rights under the Cooperative Associations Act. HB 2577: Providing for committees of members. The Washington Nonprofit Corporation Act is amended to specifically authorize a nonprofit corporation to create member committees according to the provisions of the nonprofit corporation's articles of incorporation or bylaws. A committee of members may participate in a meeting of the committee by conference telephone or other means by which all parties are able to hear each other at the same time. Unless restricted by the articles or bylaws, the members, or committee of members, may take action on a matter without a meeting if a majority of the members entitled to vote on the matter consents. Government Regulation/Rulemaking SSB 6265: Improving the efficiency of the permitting process when multiple agencies are involved. State permitting agencies are authorized to enter into agreements with permit applicants and each other for the purpose of setting the timelines they will use for making permit decisions, and the agencies are required to commit to the timelines set in the agreement. The timelines must not be shorter than they would otherwise be but may be extended and coordinated. The 45-day limit in the hydraulic code may be extended for this purpose. HB 2598: Providing venue for administrative rule challenges in Spokane, Yakima, and Bellingham for residents of those appellate districts. Venue for a declaratory action challenging an agency rule is expanded for a limited time for persons in certain geographical locations. A petitioner who resides or has a principal place of business within the geographical boundaries of Division III of the Court of Appeals may file the petition in the superior court of either Spokane, Yakima, or Thurston County. A petitioner who resides or has a principal place of business within the geographical boundaries of district three of Division I of the Court of Appeals may file the petition in the superior court of either Whatcom or Thurston County. This provision expires July 1, 2008. HB 2683: Changing provisions relating to providing notice of proposed rule changes. An agency proposing a new or amended rule has the option to provide the statement of inquiry or a summary of the information contained in the statement of inquiry to those who have made a request, for general rulemaking as well as for expedited rulemaking. A pilot project is established requiring at least 10 agencies to file copies of the notice of a proposed rule to the Joint Administrative Rules Review Committee by electronic means for a period of four years. The requirement that agencies update the roster of persons requesting notifications of interpretive and policy statements on a yearly basis is changed to update the roster periodically. SHB 2781: Changing provisions relating to expedited state agency review of development regulations. Counties and cities planning under the Growth Management Act (GMA) may request expedited review for any amendments for permanent changes to a development regulation. The Department of Community, Trade and Economic Development (CTED) may, after receiving a request and consultation with other state agencies, grant expedited review if the CTED determines that expedited review does not compromise the state's ability to provide timely comments related to compliance with the goals and requirements of the GMA or on other matters of state interest. Counties and cities may adopt amendments for permanent changes to a development regulation immediately following the granting of the request for expedited review. Health/Mental Health SB 6213: Making technical, clarifying, and nonsubstantive changes to mental-health advance directive provisions. Nothing in the voluntary discharge provisions for a person admitted to inpatient treatment under the authority of his or her mental-health advance directive prevents the person from being detained for civil commitment under the provisions of the Involuntary Treatment Act if the person meets the criteria for detention. E2SSB 6274: Changing provisions relating to competency restoration. For purposes of determining whether a court may order involuntary medication to restore or maintain a defendant's competency, offenses in listed categories are serious offenses. If a defendant is charged with a crime that is not listed as a serious offense, the court may determine that, under the factual circumstances of the case, the offense is serious if it meets the stated criteria. Release of mental-health information to a court in which there is a pending motion for involuntary medication to restore competency is mandatory. The term "non-fatal injuries" means the same thing as "bodily injury." E2SSB 6358: Improving collaboration regarding offenders with treatment orders. A court order issued for mental health or chemical-dependency treatment must specify that if the person is, or becomes, subject to DOC supervision, the person must notify his or her treatment provider and the person's mental-health or chemical-dependency treatment information must be shared with DOC. The judgment and sentence of a person convicted in superior court must contain an equivalent statement. If an offender has failed to report to DOC as required or in an emergent situation, the treatment provider may share information related to mental-health services delivered to the offender and where the offender may be found. A request for treatment information does not require the consent of the offender. A parallel provision exists for mental-health and chemical-dependency treatment providers. The law enforcement exception to the mental-health confidentiality law includes DOC and is mandatory upon the provider. When a state hospital admits a person with a history of violent acts from a correctional facility or who is or has been under DOC supervision, the hospital must consult with the appropriate corrections and chemical-dependency personnel and forensic staff to conduct a discharge review to determine whether the person presents a likelihood of serious harm and is appropriate for a less-restrictive alternative. If the person is returned to a correctional facility, the hospital must notify the correctional facility that the person was subject to a discharge review. In the situation where a person is released from jail and is subject to a discharge review, the jail must notify the county-designated mental-health professional (CDMHP) or county-designated chemical-dependency specialist (CDCDS) 72 hours in advance of the release, or upon release if the jail did not have 72 hours' notice. The CDMHP or CDCDS, as appropriate, must evaluate the person within 72 hours of release. When a CDMHP or CDCDS becomes aware that an offender is in violation of the terms of his or her supervision that relate to public safety, or when the CDMHP or CDCDS detains a person, the CDMHP or CDCDS must notify the person's treatment provider and DOC. When DOC becomes aware that an offender is in violation of the terms of his or her court-ordered mental health or chemical dependency treatment order, DOC must notify the CDMHP or CDCDS of the violation and request an evaluation for purposes of revocation of the less-restrictive alternative or conditional release. DOC must provide the court and the petitioner with documentation of its risk assessment or other concerns when an offender that DOC has classified as high risk or high needs becomes the subject of a civil-commitment petition. Mental-health and chemical-dependency treatment providers do not have a duty to supervise offenders. Persons acting in good-faith compliance with the provisions of this act and without gross negligence are protected from civil liability. SSB 6466: Regarding the admission of residents to nursing facilities. Nursing facilities under common ownership with boarding homes or independent housing are not required to place the names of applicants from those facilities on the same waiting list as outside applicants for their nursing-facility placements. Denying admission to an outside applicant is not considered discrimination if it is done to accommodate someone from a commonly owned boarding home or CCRC. Nursing facilities must readmit residents who have been hospitalized, or have been gone on therapeutic leave, if the resident needs nursing-facility services and is Medicaid-eligible. Other Areas of Interest ESB 6180: Prohibiting the use of genetic information in employment decisions. Genetic information is defined as information about inherited characteristics that can be derived from DNA-based or other laboratory tests, family history, or medical examination, but not including routine tests for the abuse of alcohol or drugs, or the presence of HIV. Requiring an employee or prospective employee to submit to screening for genetic information as a condition of employment or continued employment is unlawful. 2EHB 1645: Addressing protection of victims of domestic violence, sexual assault, or stalking in the rental of housing. The Residential Landlord Tenant Act is amended to allow a tenant to terminate a rental agreement without further obligation if the tenant or a household member is a victim of a crime of domestic violence, sexual assault, or stalking; and if: (1) the tenant or household member has a valid order of protection or has reported the crime to a "qualified third party"; and (2) the request to terminate was made within 90 days of the reported event. A landlord may not terminate or fail to renew a tenancy or refuse to enter into a rental agreement with a person based on the person's status as a victim of domestic violence, sexual assault, or stalking or based on the person's having previously terminated a rental agreement. SHB 2313: Regulating bail-bond recovery agents. A system of mandatory licensing for bail-bond recovery agents (bounty hunters) is established. The Department of Licensing must administer and enforce the bail-bond recovery agent licensing system. Bail-bond recovery agents must meet specified minimum requirements for licensing and may operate only pursuant to a contract with a licensed bail-bond agent. Standards of conduct are established, including specific actions that are considered unprofessional conduct. A bail-bond recovery agent must comply with specific conditions before and during any planned forced entry of a building. These conditions include prior notice to the local law enforcement agency. A bail-bond recovery agent who fails to comply with these conditions is guilty of a gross misdemeanor. HB 2519: Authorizing voter-approved property-tax levies for criminal-justice purposes. Counties with populations of 90,000 or fewer are authorized to impose a new regular property tax of up to 50 cents per $1,000 of the assessed value of property in the county. The funds are to be used for criminal justice purposes only. The new authority is not subject to the $5.90 per thousand dollars of assessed value limitation that applies to other junior and senior districts but is subject to the one percent of true and fair value limitation. Tax may be imposed for up to six consecutive years, but only after approval of 60 percent of the voters voting on the proposition at a general or special election. Any new tax that is imposed is subject to prorationing requirements under the one percent limitation and must be reduced before other levy types are reduced if the tax rate exceeds one percent of true and fair value. HB 2583: Authorizing issuance of infractions and citations by electronic device. |
