June 2000 

New Legislation of Interest to Attorneys

by Senator Michael Heavey, Chair, Senate Judiciary Committee and Senator Stephen L. Johnson, Member, Senate Judiciary Committee, Republican Floor Leader

The Senate Judiciary Committee produced an eclectic and significant array of bills during the 2000 legislative session that will certainly be of interest to members of the Bar. The bills deal with criminal law, family law, domestic violence, corporations and business law, civil law, and other court-related issues.

We worked with the co-chairs of the House Judiciary Committee, Representatives Dow Constantine and Mike Carrell, and with the co-chairs of the House Criminal Justice and Corrections Committee, Representatives Ida Ballisiotes and Al O'Brien. With their input, the legislation that resulted is well-considered and timely.

This article covers Bar-related legislation considered by the Senate Judiciary Committee. Since the Senate Judiciary Committee is one of 14 Senate committees, you may wish to peruse the legislative website (http://www.leg.wa.gov/ ) for details about other bills or to obtain more specific information about the bills described below. In addition, the Senate Judiciary staff can be contacted at 360-786-7462, or by writing to PO Box 40466, Olympia, WA 98504-0466.

As in past years, a full description of all bills that passed the 2000 legislature can be obtained by ordering the 2000 Final Legislative Report. This report will be available for approximately $10 (the price in previous years) by calling the bill room at 360-786-7573, or by writing to PO Box 40482, Olympia, WA 98504-0482.

ESHB 2337: Ordering implementation of a statewide city and county jail booking and reporting system

Prime Sponsor: Representative Ballasiotes (similar bill: SB 6390, Senator Goings)

• The Washington Association of Sheriffs and Police Chiefs (WASPC) will implement and operate a statewide central booking and reporting system by December 31, 2001.

• The system will be placed on the Washington Judicial Information Network and will be capable of communicating electronically with city and county jails and Washington criminal justice agencies.

• The WASPC will be responsible for pursuing federal funding for the system.

EHB 2340: Providing for removal of offenders from the drug offender sentencing alternative who are subject to a deportation order

Prime Sponsor: Representative O'Brien (similar bill: SB 6222, Senator Costa)

• Offenders may be administratively terminated from the Drug Offender Sentencing Alternative (DOSA) program if it is determined after sentencing that they are subject to a deportation order.

• All offenders terminated from the DOSA program serve the remaining balance of the original sentence, as well as a period of community custody.

SHB 2345: Requiring the secretary of DSHS to adopt rules for oversight and operation of the sexually violent predator program

Prime Sponsor: Representative O'Brien (similar bill: SB 6207, Senator Hargrove)

• Grants the secretary of the Department of Social and Health Services specific rule-making authority for the special commitment center for sexually violent predators.

EHB 2424: Changing provisions to comply with federal standards for monitoring sex offenders

Prime Sponsor: Representative Ballasiotes (similar bill: SB 6308, Senator Hargrove)

• Responds to federal sex offender registration requirements by requiring quarterly address verification for sexually violent predators, requiring out-of-state registration within 10 days, and prohibiting courts to relieve specified sex offenders from the duty to register.

SHB 2491: Providing a procedure to conduct DNA testing of evidence for persons sentenced to death or life imprisonment

Prime Sponsor: Representative Schindler (similar bill: SB 6498, Senator McCaslin)

• Persons who have been sentenced to life imprisonment or death may make a post-conviction request for DNA testing to the county prosecutor. The person has a right of appeal with the Attorney General's office.

• A prosecutor may file a criminal charge against a person identified by a genetic code, rather than by the individual's name.

HB 2612: Clarifying when a defendant must appear

Prime Sponsor: Representative McDonald (similar bill: SB 6648, Senator Heavey)

• Language in the law requiring prompt court appearance in DUI cases is clarified.

• Every person charged with DUI who is served with a citation or complaint at the time of arrest must appear before a judicial officer within one judicial day after the arrest.

• Every person who is charged with DUI but who is not served with a citation or complaint at the time of the incident must appear within 14 days after the next day on which court is in session following issuance of the citation.

SSB 6182: Specifying the effect that changes in law will have on sentencing provisions

Prime Sponsor: Senator McCaslin

• Any sentence imposed under the Sentencing Reform Act will be determined using the law in effect when the current offense was committed.

SB 6223: Reorganizing sentencing provisions

Prime Sponsor: Senator Hargrove

• The primary determinate sentencing statute will be divided into 42 separate sections.

• No provision makes a substantive change to the Sentencing Reform Act.

• It is clarified that persistent offenders are not eligible for extraordinary medical placement.

SSB 6244: Extending juvenile court jurisdiction for the purpose of enforcing penalty assessments

Prime Sponsor: Senator Costa

• Extends the length of court jurisdiction over a juvenile ordered to pay a victim penalty assessment.

The following provision from SB 6246 was incorporated into SSB 6244:

• The triggering event for assessment of the victim penalty assessment is the date of the person's conviction.

SSB 6255: Prescribing penalties for unlawful possession and storage of anhydrous ammonia

Prime Sponsor: Senator Rasmussen (similar bill: HB 2746, Representative Schoesler)

• Theft of anhydrous ammonia will be made a class-C felony, ranked at level VIII on the sentencing grid.

• Storage of anhydrous ammonia in unapproved containers will be made a class-C felony, ranked at level VI on the sentencing grid. Approved containers include those constructed to meet standards determined by federal Department of Transportation or other state and federal industrial health and safety standards. Persons authorized under state law to clean up and dispose of hazardous waste are exempted from the unlawful storage provisions.

• Possession of anhydrous ammonia with intent to manufacture methamphetamine will be made a class-B felony, ranked at level VIII on the sentencing grid.

• Persons who unlawfully possess or store anhydrous ammonia are solely responsible for any damage they cause. Lawful manufacturers, sellers, possessors and users are liable only for damages caused by negligent misconduct.

SSB 6260: Increasing penalties for manufacturing a controlled substance when children are present

Prime Sponsor: Senator Rasmussen

• A person convicted of manufacturing methamphetamine, or possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine, will receive a 24-month sentence enhancement in addition to the standard sentence if the underlying crime was committed when a person under the age of 18 was present in or upon the premises.

• The prosecutor must plead the special allegation and prove it beyond a reasonable doubt.

SSB 6336: Eliminating retroactive tolling provisions for restitution/legal financial obligations and allowing tolling for other forms of supervision

Prime Sponsor: Senator Hargrove (similar bill: HB 2511, Representative Ballasiotes)

• Restores community supervision and community placement to the self-executing language of the tolling provision.

• Offenders who commit crimes after July 1, 2000 are under court jurisdiction for their legal financial obligations until the obligations are completely satisfied.

• A child support legal financial obligation for any child born as the result of a child rape is enforceable for either the civil or the criminal enforcement period, whichever ends later.

SSB 6459: Prohibiting the use of identifying information to solicit undesired mail

Prime Sponsor: Senator Bauer

• It is a misdemeanor to knowingly use identifying information of another person to solicit undesired mail directed to that person.

SSB 6621: Creating a task force to study the interstate compact for adult offender supervision

Prime Sponsor: Senator Costa

• Creates a task force with broad representation to examine whether adoption of the revised Interstate Compact on Adult Offender Supervision is in the best interests of the state.

SB 6741: Adding the secretary of corrections to the organized crime advisory board

Prime Sponsor: Senator Horn

• The secretary of the Department of Corrections will be added to the membership of Washington's Organized Crime Advisory Board.

ESSB 6761: Authorizing agreements for the operation of correctional facilities and programs in any other state

Prime Sponsor: Senator Hargrove (similar bill: HB 2963, Representative Ballasiotes)

• The Department of Corrections (DOC) may transfer offenders out of state to both governmental and private facilities and contract with those facilities to house offenders when a transfer is in the best interest of the state or the offender.

• The DOC must notify registered victims who are affected by an offender's transfer to another state.

E2SHB 2588: Creating domestic violence fatality review panels

Prime Sponsor: Representative Tokuda (similar bill: SB 6421, Senator Costa)

• Subject to available funds, the Department of Social and Health Services (DSHS) will contract with an entity with expertise in domestic violence to coordinate regional domestic violence fatality review panels.

• Annual reports, with recommendations to improve the response to domestic violence and identify patterns in domestic violence fatalities, will be submitted to the Children and Family Services, and Criminal Justice and Corrections committees of the House and to the Human Services, Corrections and Judiciary committees of the Senate.

HB 2595: Authorizing entry of protection order information in the judicial information system

Prime Sponsor: Representative Ogden

• Foreign protection orders and orders for protection of vulnerable adults must be entered into the domestic violence database of the Judicial Information System.

ESHB 2884: Providing notice requirements for parents subject to court orders and standards regarding residential time or visitation

Prime Sponsor: Representative Constantine

• When the person with whom a child resides a majority of the time intends to change the residence of the child, notice must be given to those entitled to visitation or residential time with the child. There is a rebuttable presumption that the intended relocation of the child will be permitted.

• A person who objects to the relocation of the child may rebut this presumption by showing that the detrimental effect of relocation outweighs the benefit of relocation to the child and to the relocating person based upon certain factors delineated in the act.

E2SSB 6400: Changing provisions relating to domestic violence
Prime Sponsor: Senator Wojahn (similar bill: HB 2402, Representative Ballasiotes)

• The Department of Social and Health Services (DSHS) will be authorized to seek orders for protection on behalf of, and with the consent of, vulnerable adults.

• Courts are authorized to order parties not to come within specified distances of locations in dissolution, paternity, non-parental actions for custody, and order for protection cases.

• Felony violations of domestic violence protection orders are assigned to a seriousness of level V on the sentencing grid.

• Felony violations of foreign protection orders are categorized as crimes against persons.

SHB 2776: Providing for deferred findings and collection of an administrative fee in an infraction case

Prime Sponsor: Representative Constantine (similar bill: HB 6651, Senator Heavey)

• In a hearing to contest a traffic infraction or in a hearing to explain mitigating circumstances, the court may defer its findings for up to one year and impose conditions on the person who allegedly committed the infraction.

• After the end of the deferral period, the court may dismiss the infraction if the person has met all the conditions and has not committed another traffic infraction.

SSB 6071: Increasing penalties for hit-and-run where an injury or death occurs

Prime Sponsor: Senator Rossi

• In the case of an accident resulting in death, the vehicle operator who does not remain at the scene to provide information and reasonable assistance will be guilty of a class B felony ranked at level VIII on the sentencing grid.

• Juveniles who commit the offense are guilty of a B+ offense.

E2SSB 6683: Reporting information on routine traffic enforcement

Prime Sponsor: Senator Franklin (similar bill: HB 2902, Representative Veloria)

• The Washington State Patrol will be required to collect data on all traffic stops, including the total number of stops; the race or ethnicity, age, and gender of individuals stopped; whether there was a search; and whether there was an arrest or citation issued. A report on this data must be made to the Legislature by December 1, 2000.

• A report concerning voluntary collection of racial profiling data by local law-enforcement agencies must be made to the Legislature by the Washington Association of Sheriffs and Police Chiefs by December 1, 2000.

HB 2329: Changing descriptions in judgments involving real property

Prime Sponsor: Representative McDonald

• The description of real property on a judgment summary may be either an abbreviated legal description of the property or the assessor's tax parcel or account number.

EHB 2713: Regarding mandatory arbitration fees

Prime Sponsor: Representative Constantine (similar bill: SB 6515, Senator Heavey)

• A county legislative authority may impose a filing fee of up to $120 for a mandatory arbitration request. These fees are to be used solely for the mandatory arbitration program. If Initiative 695 is determined to apply, any such fee must be approved by a vote of the people.

SHB 2903: Authorizing sound recordings without prior consent that correspond to video recordings from cameras mounted in law-enforcement vehicles

Prime Sponsor: Representative Delvin

• The privacy act provisions do not apply to sound recordings made in conjunction and simultaneously with video images recorded by video cameras mounted in law-enforcement vehicles.

• The law-enforcement officer must inform the person when such a sound recording is being made except under exigent circumstances.

• These sound recordings may not be divulged by law-enforcement agencies prior to final disposition of court proceedings arising from the incident or for a commercial purpose.

• Wrongful alteration, erasure or disclosure is a gross misdemeanor.

SB 6190: Promoting expeditious resolution of public-use disputes in eminent domain proceedings

Prime Sponsor: Senator Patterson

• County eminent domain proceedings are given precedence over all other court cases except criminal cases.

• A legislative study group consisting of two members from each caucus of the Senate and the House of Representatives will be created for the purpose of studying the use of eminent domain and ways to expedite resolution of public-use disputes in eminent domain proceedings.

SSB 6194: Attempting to limit the incidents of rural garbage dumping

Prime Sponsor: Senator T. Sheldon (similar bill: HB 2586, Representative Haigh)

• Increases the penalty for rural garbage dumping from a civil infraction to a crime. Dumping between one cubic foot and one cubic yard will be a simple misdemeanor; a cubic yard or more will be a gross misdemeanor. Abandoning a junk vehicle in an unincorporated area will be a gross misdemeanor.

• Requires restitution of up to $100 per cubic foot or double the cleanup cost, whichever is greater.

• Restitution is split equally between landowner and law enforcement. First-time offenders can, at a judge's discretion, clean up garbage dumped instead of paying restitution.

EHB 2609: Allowing agents to give notice of dishonored checks

Prime Sponsor: Representative Carrell

• An agent, such as a collection agent hired to collect on a dishonored check, is entitled to obtain collection costs currently allowed under Uniform Commercial Code Article 3 (governing negotiable instruments).

• The state child-support registry may also collect such costs if a check is paid to the registry and the check is dishonored.

SSB 6186: Revising Article 9 of the Uniform Commercial Code

Prime Sponsor: Senator Heavey

• Washington's current version of the Uniform Commercial Code (UCC) Article 9, which deals with security interest in all property other than land, will be repealed and replaced with a revised UCC Article 9 which incorporates a number of significant changes.

• The scope of Article 9 will be expanded and a simplified system of filing financing statements will be provided.

• Effective Date: July 1, 2001.

ESSB 6295: Changing garnishment proceedings

Prime Sponsor: Senator Heavey

• Any legal fees charged to the plaintiff in a garnishment proceeding can be included in the amount garnished. Payments in superior court are made through the court clerk, while payments in district court are made directly to the plaintiff. A standardized Judgment and Order to Pay form is created.

• If a defendant or third party attempts to pay off a judgment during the pendency of a garnishment, the costs and attorney fees incurred in the garnishment must also be paid.

SB 6138: Modifying disclaimer of interests under the probate and trust laws

Prime Sponsor: Senator Johnson

• The Washington Probate Code will be amended to protect against an inadvertent waiver by a beneficiary of the right to disclaim any interest in property he or she would be entitled to receive under a will or other bequest or operation of law.

SB 6139: Modifying estate tax apportionment

Prime Sponsor: Senator Johnson

• References in the Washington estate tax apportionment statute to a repealed section of the Internal Revenue Code will be deleted and a provision will be added incorporating the Internal Revenue Code definition of "qualified family-owned business interest."

SB 6140: Updating probate and trust laws

Prime Sponsor: Senator Johnson

• The Washington Probate Code will be updated by providing that any references in wills or trusts to a prior section of the Internal Revenue Code are deemed to refer to the comparable section of the revised Internal Revenue Code.

SHB 2320: Authorizing and applying electronic notice and proxies

Prime Sponsor: Representative Lantz

• The Nonprofit Mutual and Miscellaneous Corporations Act will be amended to authorize notices of meetings, proxy appointments and voting by electronic transmission if permitted by a corporation's bylaws or articles of incorporation.

SHB 2321: Authorizing the transmission of electronic proxy appointments

Prime Sponsor: Representative Esser

• The Washington Business Corporation Act, which governs for-profit corporations, will be amended to allow corporate shareholders to make proxy appointments by electronic transmission.

EHB 2322: Amending the Partnership and Limited Liability Company Acts

Prime Sponsor: Representative Esser

• Changes are made to the Limited Liability Company Act and the Limited Partnership Act relating to the length of existence, dissolution and withdrawal of members, managers or partners.

• These changes bring these statutes into conformance with current Internal Revenue Service regulations and other state laws and correct technical problems.

HB 2576: Modifying provisions concerning the registration of business trade names

Prime Sponsor: Representative D. Sommers (similar bill: SB 6437, Senator Prentice)

• The registration of a trade name with the Department of Licensing does not have to be performed by specified persons associated with the business. Also, the person registering the trade name does not have to sign the document.

HB 2328: Decreasing filing fees for petition for unlawful harassment

Prime Sponsor: Representative Lantz

• Both district court and superior court have jurisdiction over petitions regarding unlawful harassment, but petitions in cases where the respondent is under the age of 18 must be heard in superior court.

• The current filing fee for cases filed in superior court is $110. The bill reduces the superior court filing fee for anti-harassment petitions to $41, the same as the district court filing fee.

HB 2407: Authorizing judges pro tempore whenever a judge serves on a commission, board or committee

Prime Sponsor: Representative Lantz

• When a court of appeals, superior court, or municipal court judge serves on a judicial committee established by the Legislature or the Chief Justice of the Supreme Court, a judge pro tempore may be appointed without any reduction in pay for the judge who is serving on the committee.

HB 2522: Modifying court jurisdiction

Prime Sponsor: Representative Lantz

• The dollar limit on the jurisdiction of district courts will be raised from $35,000 to $50,000.

SHB 2721: Changing provisions relating to venue of actions by or against counties

Prime Sponsor: Representative Morris

• A county may sue or be sued in either of the two nearest judicial districts, rather than the two nearest counties. For an action filed by or against a county in a multi-county judicial district, this assures two alternative court venues.

HB 2774: Revising provisions for appointment of judges pro tempore

Prime Sponsor: Representative Carrell (similar bill: SB 6649, Senator Kline)

• Statutes governing the appointment of judges pro tempore of the municipal courts are amended to provide generally consistent standards.

• The presiding judge, rather than the mayor, will be allowed to make pro tem appointments.

• For cities other than Seattle, a pro tem judge does not have to live within the city or county where the court is located.

HB 2775: Clarifying requirements for the transfer of cases from commissioners to judges

Prime Sponsor: Representative Lambert (similar bill: SB 6650, Senator Kline)

• A motion to transfer a case from a district court commissioner to a judge must be filed before any discretionary ruling is made.

SHB 2799: Granting statewide warrant jurisdiction to courts of limited jurisdiction

Prime Sponsor: Representative Lambert

• The Office of the Administrator for the Courts (OAC) must establish a pilot program for the statewide processing of warrants issued by courts of limited jurisdiction.

• The OAC must report to the Legislature by June 1, 2003 regarding the effectiveness and cost of the pilot program.

SSB 6351: Providing additional authority for superior court commissioners

Prime Sponsor: Senator Kline (similar bill: HB 2504, Representative Constantine)

• The statutory authority of superior court commissioners will be expanded to allow them to preside over a number of adult felony proceedings including arraignments, probable cause determinations, appointment of counsel, bail hearings, waiver of speedy trial rights and noncompliance proceedings.

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