SB 5231 — Concerning the issuance of emergency domestic violence no contact orders.

ENGROSSEDS-0359.1 SUBSTITUTE SENATE BILL 5231 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senators Salomon, Dhingra, Hasegawa, Hunt, Nobles, Pedersen, Valdez, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 01/27/23.01/10/23.

ANReferred ACT Relating to theCommittee issuanceon ofLaw emergency& domesticJustice. violence no-contact orders;

AN ACT Relating to the issuance of emergency domestic violence no contact orders;

1 ESSBSB 5231 any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim and others.

2 ESSBSB 5231 dangerous weapons, and any concealed pistol license as required in RCW 9.41.800, or shall issue an extreme risk protection order as required by chapter 7.105 RCW.

(((c)(c) The((The)) A no-contact order, order to surrender and prohibit weapons, or extreme risk protection order authorized by telephonic or electronic means shall also be issued in writing as soon as possible, and shall state that it may be extended as provided in subsection (3) of this section.

By((By January 1, 2011, the administrative office of the courts shall develop a pattern form for all no-contact orders issued under this chapter.

(((b)(((b))) (c) In issuing the order, the court shall consider all information documented in the incident report concerning the person's possession of and access to firearms and whether law enforcement took temporary custody of firearms at the time of the arrest.

The court may as a condition of release prohibit the defendant from possessing or accessing firearms and order the defendant to immediately surrender all firearms and any concealed pistol license to a law enforcement agency upon release.))release. (c) If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring as defined in RCW p.

3p. ESSB 5231 9.94A.030.

3 SB 5231 (((c))) (d) If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring as defined in RCW 9.94A.030.

(4)(a) Willful violation of a court order issued under ((subsectionsubsection (2), (3), or (7)(((7))) of))(5) of this section is punishable under RCW 7.105.450,7.105.450. 7.105.455, 7.105.460, or 9.41.800.

(b) If the court issues an order to surrender and prohibit weapons or an extreme risk protection order, and has not verified that peace officers have temporarily removed and secured all firearms and dangerous weapons, and any concealed pistol license, all orders p.

4 ESSBSB 5231 issued(b) byElectronic theservice court must be personallyeffected served by atransmitting peacecopies officerof the petition and theany peacesupporting officermaterials shallfiled takewith possessionthe ofpetition, allany firearms,notice dangerousof weapons,hearing, and any concealedorders, pistolor licenserelevant belongingmaterials for motions, to the respondent thatat arethe surrendered,respondent's inelectronic plainaddress sight, or discoveredthe pursuantrespondent's toelectronic aaccount lawfulassociated search,with asemail, requiredtext bymessaging, RCWsocial 9.41.801.media applications, or other technologies.

(c)Verification Ifof thenotice courtis doesrequired notand issuemay anbe orderaccomplished tothrough surrenderread-receipt andmechanisms, prohibita weaponsresponse, ora answorn extremestatement riskfrom protectionthe order,person orwho haseffected verifiedservice thatverifying alltransmission firearms, dangerous weapons, and any concealedfollow-up pistolcommunications licensesuch haveas beenemail temporarilyor removedtelephone bycontact lawused enforcement,to servicefurther ofverify, theor court'san ordersappearance mayby bethe effectedrespondent electronically.at a hearing.

Electronic service must be effected by a law enforcement agency transmitting copies of the petition and any supporting materials filed with the petition, any notice of hearing, and any orders, or relevant materials for motions, to the defendant at the defendant's electronic address or the defendant's electronic account associated with email, text messaging, social media applications, or other technologies.

Verification of notice is required and may be accomplished through read-receipt mechanisms, a response, a sworn statement from the person who effected service verifying transmission and any follow-up communications such as email or telephone contact used to further verify, or an appearance by the defendant at a hearing.

(d)(c) A no-contact order, order to surrender and prohibit weapons, or extreme risk protection order authorized by telephonic or electronic means shall also be issued in writing as soon as possible and shall state that it may be extended as provided in subsection (3) of this section.

(((6))) (7) Whenever ((a no-contact)) an order is issued, modified, or terminated under ((subsectionsubsection (2) ((or)), (3), or (3)(5) of))of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order.

Upon receipt of the copy of the order the law enforcement agency shall enter the order for one year or until the expiration date specified on the order into any computer-computer-based based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants.

p.Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order.

5 ESSB 5231 Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order.

The administrative office of the courts shall develop a model policy to assist the courts in implementing the requirements of this subsection.)) --- END --- p.

65 ESSBSB 5231 courts shall develop a model policy to assist the courts in implementing the requirements of this subsection.)) --- END --- p.

6 SB 5231