SB 5029 — Creating a criminal no-contact order for human trafficking and promoting prostitution-related offenses.

S-0902.4SUBSTITUTEZ-0114.4SENATE SENATE BILL 5029State of Washington65th Legislature2017 Regular SessionBy Senate Law & Justice (originally sponsored by Senators Padden, Darneille, Hasegawa, Pearson, Pedersen, Miloscia, Frockt, Rolfes, Carlyle, Chase, Sheldon, Saldaña, Mullet, Conway, Keiser, and Kuderer;

by request of Attorney General)READGeneralRead FIRSTfirst TIMEtime 02/17/17.AN01/10/17. ACT Relating to no-contact orders for human trafficking and promoting prostitution-related offenses;

Referred to Committee on Law & Justice.AN ACT Relating to no-contact orders for human trafficking and promoting prostitution-related offenses;

and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  A new section is added to chapter 9A.40 RCW to read as follows:A defendant who is charged by citation, complaint, or information with an offense involving trafficking, as described in RCW 9A.40.100, and is not arrested,arrested shall appear in court for arraignment or initial appearance in person as soon as practicable, but in no event later than fourteen days after the defendantnext day on which court is servedin withsession following the citation,issuance complaint,of the citation or the filing of the complaint or information.

At that appearance, the court shall determine the necessity of imposing or extending a no-contact order, and consider the provisions of RCW 9.41.800 or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.NEW SECTION.  Sec. 2.  A new section is added to chapter 9A.40 RCW to read as follows:Any generallaw authorityenforcement Washingtonagency peace officer as defined in RCW 10.93.020 in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.NEW SECTION.  Sec. 3.  A new section is added to chapter 9A.40 RCW to read as follows:(1) Because of the likelihood of repeated harassment and intimidation directed at those who have been victims of trafficking as described in RCW 9A.40.100, beforewhen any defendant charged with or arrested,arrested for a crime involving trafficking,trafficking is released from custody,custody orbefore atarraignment anyor timetrial theon casebail remainsor unresolved,personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim whether directly or through third parties.At the initial preliminary appearance, the court shall determine whether to extend any existing prohibition on the defendant's contact with the victim.

IfThe therejurisdiction isauthorizing nothe outstandingrelease restrainingshall ordetermine protectivewhether order prohibiting that person fromshould havingbe contactprohibited with the victim, a court may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having any contact with the victimvictim. or from knowingly coming within, or knowingly remaining within, a specified distance of a location.

TheIf courtthere mayis alsono consideroutstanding therestraining provisionsor ofprotective RCWorder 9.41.800prohibiting orthat otherperson conditionsfrom ofhaving pretrialcontact releasewith accordingthe tovictim, the procedurescourt establishedauthorizing release may issue, by courttelephone, rulea forno-contact preliminaryorder appearanceprohibiting the person charged or anarrested arraignment.(2)from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.(2) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended.

So long as the court finds probable cause, the court may issue or extend a no-contact order.order even if the defendant fails to appear at arraignment.

any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.(4) UponWhenever a motionno-contact withorder noticeis toissued, allmodified, partiesor andterminated afterunder athis hearing,section, the courtclerk mayof terminate or modify the termscourt ofshall anforward existinga no-contactcopy order,of includingthe termsorder enteredon pursuant to RCW 9.41.800 related to firearms or otherbefore dangerousthe weaponsnext orjudicial today concealed pistol licenses.(5)(a) A defendant's motion to terminatethe orappropriate modifylaw aenforcement no-contactagency orderspecified mustin include a declaration setting forth facts supporting the requestedorder. order for termination or modification.

The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the declarations.

If the court finds that the defendant established adequate cause, the court shall set a date for hearing the defendant's motion.(b) The court may terminate or modify the terms of a no-contact order, including terms entered pursuant to RCW 9.41.800 related to firearms or other dangerous weapons or to concealed pistol licenses, if the defendant proves by a preponderance of the evidence that there has been a material change in circumstances such that the defendant is not likely to engage in or attempt to engage in physical or nonphysical contact with the victim if the order is terminated or modified.

The victim bears no burden of proving that he or she has a current reasonable fear of harm by the defendant.(c) A defendant may file a motion to terminate or modify pursuant to this section no more than once in every twelve-month period that the order is in effect, starting from the date of the order and continuing through any renewal.(6) Whenever a no-contact order is issued, modified, or terminated under 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 notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.NEW SECTION.  Sec. 4.  A new section is added to chapter 9A.40 RCW to read as follows:Iffollows:The avictim defendantmust isbe foundinformed guiltyby oflocal thelaw crimeenforcement ofagencies traffickingor underthe RCWprosecuting 9A.40.100attorney and a condition of the sentencefinal restrictsdisposition theof defendant's ability to have contact with the victim,case thein conditionwhich must be recorded and a written certified copy of that order must be provided to the victim byis theinvolved. clerk of the court.

If a defendant is found guilty of the crime of trafficking under RCW 9A.40.100 and a condition of the sentence restricts the defendant's ability to have contact with the victim, the condition must be recorded and a written certified copy of that order must be provided to the victim by the clerk of the court.

Violation of this order is a criminal offense under this chapter and the violator is subject to arrest.NEW SECTION.  Sec. 5.  A new section is added to chapter 9A.88 RCW to read as follows:A defendant who is charged by citation, complaint, or information with an offense involving promoting prostitution in the first degree as described in RCW 9A.88.070 or promoting prostitution in the second degree as described in RCW 9A.88.080 and not arrested shall appear in court for arraignment or initial appearance in person as soon as practicable, but in no event later than fourteen days after the defendantnext day on which court is servedin withsession following the citation,issuance complaint,of the citation or the filing of the complaint or information.

At that appearance, the court shall determine the necessity of imposing or extending a no-contact order, and consider the provisions of RCW 9.41.800 or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.NEW SECTION.  Sec. 6.  A new section is added to chapter 9A.88 RCW to read as follows:Any generallaw authorityenforcement Washingtonagency peace officer as defined in RCW 10.93.020 in this state may enforce this chapter as it relates to orders restricting the defendants' ability to have contact with the victim or others.NEW SECTION.  Sec. 7.  A new section is added to chapter 9A.88 RCW to read as follows:(1) Because of the likelihood of repeated harassment and intimidation directed at those who have been victims of promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the second degree under RCW 9A.88.080, beforewhen any defendant charged with or arrested,arrested for a crime involving promoting prostitution is released from custody,custody orbefore atarraignment anyor timetrial theon casebail remainsor unresolved,personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victimvictim. whether directly or through third parties.

IfThe therejurisdiction isauthorizing nothe outstandingrelease restrainingshall ordetermine protectivewhether order prohibiting that person fromshould havingbe contactprohibited with the victim, the court may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having any contact with the victimvictim. or from knowingly coming within, or knowingly remaining within, a specified distance of a location.(2) At the time of arraignment, the court shall determine whether a no-contact order shall be issued or extended.

SoIf longthere asis theno courtoutstanding findsrestraining probableor cause,protective order prohibiting that person from having contact with the victim, the court authorizing release may issueissue, by telephone, a no-contact order prohibiting the person charged or extendarrested from having contact with the victim or from knowingly coming within, or knowingly remaining within, a specified distance of a location.(2) At the time of arraignment, the court shall determine whether a no-contact order.order shall be issued or extended.

So long as the court finds probable cause, the court may issue or extend a no-contact order even if the defendant fails to appear at arraignment.

any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.(4) UponWhenever a motionno-contact withorder noticeis toissued, allmodified, partiesor andterminated afterunder athis hearing,section, the courtclerk mayof terminate or modify the termscourt ofshall anforward existinga no-contactcopy order,of includingthe termsorder enteredon pursuant to RCW 9.41.800 related to firearms or otherbefore dangerousthe weaponsnext orjudicial today concealed pistol licenses.(5)(a) A defendant's motion to terminatethe orappropriate modifylaw aenforcement no-contactagency orderspecified mustin include a declaration setting forth facts supporting the requestedorder. order for termination or modification.

The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the declarations.

If the court finds that the defendant established adequate cause, the court shall set a date for hearing the defendant's motion.(b) The court may terminate or modify the terms of a no-contact order, including terms entered pursuant to RCW 9.41.800 related to firearms or other dangerous weapons or to concealed pistol licenses, if the defendant proves by a preponderance of the evidence that there has been a material change in circumstances such that the defendant is not likely to engage in or attempt to engage in physical or nonphysical contact with the victim if the order is terminated or modified.

The victim bears no burden of proving that he or she has a current reasonable fear of harm by the defendant.(c) A defendant may file a motion to terminate or modify pursuant to this section no more than once in every twelve-month period that the order is in effect, starting from the date of the order and continuing through any renewal.(6) Whenever a no-contact order is issued, modified, or terminated under 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 notice that an order has been terminated, the law enforcement agency shall remove the order from the computer-based criminal intelligence information system.NEW SECTION.  Sec. 8.  A new section is added to chapter 9A.88 RCW to read as follows:Iffollows:The avictim defendantmust isbe foundinformed guiltyby oflocal thelaw crimeenforcement ofagencies promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the secondprosecuting degreeattorney under RCW 9A.88.080, and a condition of the sentencefinal restrictsdisposition theof defendant's ability to have contact with the victimcase orin witnesses,which the condition must be recorded and a written certified copy of that order must be provided to the victim oris witnessesinvolved. by the clerk of the court.

If a defendant is found guilty of the crime of promoting prostitution in the first degree under RCW 9A.88.070 or promoting prostitution in the second degree under RCW 9A.88.080, and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition must be recorded and a written certified copy of that order must be provided to the victim or witnesses by the clerk of the court.