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2021 House Bill 1320: Modernizing, harmonizing, and improving the efficacy and accessibility of laws concerning civil protection orders
Introduced by Rep. Roger Goodman (KirkLand) (D) on January 20, 2021
Referred to the House Civil Rights & Judiciary Committee on January 20, 2021
Substitute offered in the House on February 12, 2021
Consolidates and harmonizes laws governing domestic violence protection orders, sexual assault protection orders, stalking protection orders, anti-harassment protection orders, vulnerable adult protection orders, and extreme risk protection orders under a new chapter governing all protection orders.
Referred to the House Appropriations Committee on February 15, 2021
Substitute offered in the House on February 22, 2021
A null and void clause was added, making the bill null and void unless funded in the budget.
Amendment offered by Rep. Greg Gilday (Camano) (R) on March 1, 2021
Provides that when a court enters a protection order, the court must enter an order to surrender and prohibit weapons "if appropriate" under RCW 9.41.800 (rather than "as required" in that statute).
The amendment failed by voice vote in the House on March 1, 2021
Amendment offered by Rep. Roger Goodman (KirkLand) (D) on March 1, 2021
Revises electronic filing and notification requirements as follows: (i) Removes the provision that the electronic filing system be accessible on the websites of every court clerk and the website for Washington courts, or an alternative online portal; (ii) requires the clerk to make all electronically filed documents available for electronic access statewide; (iii) provides that judicial officers may not be charged for electronic access and petitioners and respondents should not be charged for electronic filing of petitions or documents; (iv) removes language indicating electronic notification to the parties must be provided through the electronic filing system; and (v) revises language governing the information that should be part of the electronic notification system.
The amendment passed by voice vote in the House on March 1, 2021
Amendment offered by Rep. Roger Goodman (KirkLand) (D) on March 1, 2021
Reinstates current law that a filing fee may be charged for a petition for an antiharassment protection order, and that the court must waive the fee if the petitioner is not able to pay the filing fee. Reinstates the superior court civil filing fee of $53 for petitions for antiharassment protection orders.
The amendment passed by voice vote in the House on March 1, 2021
Amendment offered by Rep. Roger Goodman (KirkLand) (D) on March 1, 2021
Delays the effective date of the act until January 1, 2022. Delays the time period for implementation of various duties imposed on the Administrative Office of the Courts (AOC) until June 30, 2022, and removes a requirement for the AOC to report to the Legislature regarding standards for filing evidence and requirements for private vendors.
The amendment passed by voice vote in the House on March 1, 2021
Amendment offered by Rep. Jenny Graham (Spokane) (R) on March 1, 2021
Provides that a respondent's or defendant's voluntary surrender of firearms or weapons, or testimony regarding surrender of firearms or weapons, under an extreme risk protection order or order to surrender and prohibit weapons may not be used against the respondent or defendant in any criminal prosecution (not just prosecutions under specifically listed provisions). Provides that the ability of a prosecutor to question a respondent about compliance with an order must be narrowly construed and may not be used to infringe on the right against self-incrimination.
The amendment failed by voice vote in the House on March 1, 2021
Amendment offered by Rep. Jenny Graham (Spokane) (R) on March 1, 2021
Strikes the provision that says a court, when determining whether a substantial change in circumstances exists to allow modification or termination of a protection order, may not base its determination on the fact that time has passed without a violation of the order.
The amendment failed by voice vote in the House on March 1, 2021
Amendment offered by Rep. Jim Walsh (Aberdeen) (R) on March 1, 2021
Strikes the provisions of the bill, including the bill's repeal of all existing laws governing protection orders and creation of one new chapter of law to govern all types of protection orders. Instead, amends existing laws governing domestic violence protection orders (DVPOs), sexual assault protection orders (SAPOs), stalking protection orders (Stalking POs), antiharassment protection orders (AHPOs), vulnerable adult protection orders (VAPOs), and extreme risk protection orders (ERPOs).
The amendment failed by voice vote in the House on March 1, 2021
Consolidates and harmonizes laws governing domestic violence protection orders, sexual assault protection orders, stalking protection orders, anti-harassment protection orders, vulnerable adult protection orders, and extreme risk protection orders under a new chapter governing all protection orders.
Received in the Senate on March 4, 2021
Referred to the Senate Law & Justice Committee on March 4, 2021
Referred to the Senate Ways & Means Committee on March 25, 2021
Referred to the Senate Rules Committee on April 2, 2021
Received in the House on April 14, 2021
Signed by Gov. Jay Inslee on May 10, 2021