Impaired driving civil order

AN ACT Relating to creating a civil protection order to prevent 1
impaired driving; amending RCW 7.105.010, 7.105.100, 7.105.115, 2
7.105.225, 7.105.300, 7.105.405, 7.105.550, 46.20.720, 46.20.720, 3
36.28A.300, 36.28A.330, 36.28A.390, and 7.105.105; reenacting and 4
amending RCW 7.105.310; adding new sections to chapter 7.105 RCW; 5
adding a new section to chapter 43.101 RCW; prescribing penalties; 6
providing an effective date; and providing an expiration date.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
Sec. 1. RCW 7.105.010 and 2024 c 298 s 9 are each amended to 9
read as follows: 10
The definitions in this section apply throughout this chapter 11
unless the context clearly requires otherwise. 12
(1) "Abandonment" means action or inaction by a person or entity 13
with a duty of care for a vulnerable adult that leaves the vulnerable 14
adult without the means or ability to obtain necessary food, 15
clothing, shelter, or health care. 16
(2) "Abuse," for the purposes of a vulnerable adult protection 17
order, means intentional, willful, or reckless action or inaction 18
that inflicts injury, unreasonable confinement, intimidation, or 19
punishment on a vulnerable adult. In instances of abuse of a 20
vulnerable adult who is unable to express or demonstrate physical 21
H-0427.4
HOUSE BILL 1426
State of Washington 69th Legislature 2025 Regular Session
By Representatives Davis, Jacobsen, Walen, Griffey, Fitzgibbon, Berg,
Ryu, Duerr, Goodman, Doglio, Salahuddin, Fosse, and Leavitt
Read first time 01/20/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1426
harm, pain, or mental anguish, the abuse is presumed to cause 1
physical harm, pain, or mental anguish. "Abuse" includes sexual 2
abuse, mental abuse, physical abuse, personal exploitation, and 3
improper use of restraint against a vulnerable adult, which have the 4
following meanings: 5
(a) "Improper use of restraint" means the inappropriate use of 6
chemical, physical, or mechanical restraints for convenience or 7
discipline, or in a manner that: (i) Is inconsistent with federal or 8
state licensing or certification requirements for facilities, 9
hospitals, or programs authorized under chapter 71A.12 RCW; (ii) is 10
not medically authorized; or (iii) otherwise constitutes abuse under 11
this section. 12
(b) "Mental abuse" means an intentional, willful, or reckless 13
verbal or nonverbal action that threatens, humiliates, harasses, 14
coerces, intimidates, isolates, unreasonably confines, or punishes a 15
vulnerable adult. "Mental abuse" may include ridiculing, yelling, 16
swearing, or withholding or tampering with prescribed medications or 17
their dosage. 18
(c) "Personal exploitation" means an act of forcing, compelling, 19
or exerting undue influence over a vulnerable adult causing the 20
vulnerable adult to act in a way that is inconsistent with relevant 21
past behavior, or causing the vulnerable adult to perform services 22
for the benefit of another. 23
(d) "Physical abuse" means the intentional, willful, or reckless 24
action of inflicting bodily injury or physical mistreatment. 25
"Physical abuse" includes, but is not limited to, striking with or 26
without an object, slapping, pinching, strangulation, suffocation, 27
kicking, shoving, or prodding. 28
(e) "Sexual abuse" means any form of nonconsensual sexual conduct 29
including, but not limited to, unwanted or inappropriate touching, 30
rape, molestation, indecent liberties, sexual coercion, sexually 31
explicit photographing or recording, voyeurism, indecent exposure, 32
and sexual harassment. "Sexual abuse" also includes any sexual 33
conduct between a staff person, who is not also a resident or client, 34
of a facility or a staff person of a program authorized under chapter 35
71A.12 RCW, and a vulnerable adult living in that facility or 36
receiving service from a program authorized under chapter 71A.12 RCW, 37
whether or not the sexual conduct is consensual. 38
(3) "Chemical restraint" means the administration of any drug to 39
manage a vulnerable adult's behavior in a way that reduces the safety 40
p. 2 HB 1426
risk to the vulnerable adult or others, has the temporary effect of 1
restricting the vulnerable adult's freedom of movement, and is not 2
standard treatment for the vulnerable adult's medical or psychiatric 3
condition. 4
(4)(a) "Coercive control" means a pattern of behavior that is 5
used to cause another to suffer physical, emotional, or psychological 6
harm, and in purpose or effect unreasonably interferes with a 7
person's free will and personal liberty. In determining whether the 8
interference is unreasonable, the court shall consider the context 9
and impact of the pattern of behavior from the perspective of a 10
similarly situated person. Examples of coercive control include, but 11
are not limited to, engaging in any of the following:12
(i) Intimidation or controlling or compelling conduct by:13
(A) Damaging, destroying, or threatening to damage or destroy, or 14
forcing the other party to relinquish, goods, property, or items of 15
special value; 16
(B) Using technology to threaten, humiliate, harass, stalk, 17
intimidate, exert undue influence over, or abuse the other party, 18
including by engaging in cyberstalking, monitoring, surveillance, 19
impersonation, manipulation of electronic media, or distribution of 20
or threats to distribute actual or fabricated intimate images;21
(C) Carrying, exhibiting, displaying, drawing, or threatening to 22
use, any firearm or any other weapon apparently capable of producing 23
bodily harm, in a manner, under circumstances, and at a time and 24
place that either manifests an intent to intimidate the other party 25
or that warrants alarm by the other party for their safety or the 26
safety of other persons; 27
(D) Driving recklessly with the other party or minor children in 28
the vehicle; 29
(E) Communicating, directly or indirectly, the intent to:30
(I) Harm the other party's children, family members, friends, or 31
pets, including by use of physical forms of violence;32
(II) Harm the other party's career; 33
(III) Attempt suicide or other acts of self-harm; or34
(IV) Contact local or federal agencies based on actual or 35
suspected immigration status; 36
(F) Exerting control over the other party's identity documents;37
(G) Making, or threatening to make, private information public, 38
including the other party's sexual orientation or gender identity, 39
p. 3 HB 1426
medical or behavioral health information, or other confidential 1
information that jeopardizes safety; or 2
(H) Engaging in sexual or reproductive coercion;3
(ii) Causing dependence, confinement, or isolation of the other 4
party from friends, relatives, or other sources of support, including 5
schooling and employment, or subjecting the other party to physical 6
confinement or restraint; 7
(iii) Depriving the other party of basic necessities or 8
committing other forms of financial exploitation; 9
(iv) Controlling, exerting undue influence over, interfering 10
with, regulating, or monitoring the other party's movements, 11
communications, daily behavior, finances, economic resources, or 12
employment, including but not limited to interference with or 13
attempting to limit access to services for children of the other 14
party, such as health care, medication, child care, or school-based 15
extracurricular activities; 16
(v) Engaging in vexatious litigation or abusive litigation as 17
defined in RCW 26.51.020 against the other party to harass, coerce, 18
or control the other party, to diminish or exhaust the other party's 19
financial resources, or to compromise the other party's employment or 20
housing; or 21
(vi) Engaging in psychological aggression, including inflicting 22
fear, humiliating, degrading, or punishing the other party.23
(b) "Coercive control" does not include protective actions taken 24
by a party in good faith for the legitimate and lawful purpose of 25
protecting themselves or children from the risk of harm posed by the 26
other party. 27
(5) "Commercial sexual exploitation" means commercial sexual 28
abuse of a minor and sex trafficking. 29
(6) "Consent" in the context of sexual acts means that at the 30
time of sexual contact, there are actual words or conduct indicating 31
freely given agreement to that sexual contact. Consent must be 32
ongoing and may be revoked at any time. Conduct short of voluntary 33
agreement does not constitute consent as a matter of law. Consent 34
cannot be freely given when a person does not have capacity due to 35
disability, intoxication, or age. Consent cannot be freely given when 36
the other party has authority or control over the care or custody of 37
a person incarcerated or detained. 38
(7)(a) "Course of conduct" means a pattern of conduct composed of 39
a series of acts over a period of time, however short, evidencing a 40
p. 4 HB 1426
continuity of purpose. "Course of conduct" includes any form of 1
communication, contact, or conduct, including the sending of an 2
electronic communication, but does not include constitutionally 3
protected free speech. Constitutionally protected activity is not 4
included within the meaning of "course of conduct."5
(b) In determining whether the course of conduct serves any 6
legitimate or lawful purpose, a court should consider whether:7
(i) Any current contact between the parties was initiated by the 8
respondent only or was initiated by both parties; 9
(ii) The respondent has been given clear notice that all further 10
contact with the petitioner is unwanted; 11
(iii) The respondent's course of conduct appears designed to 12
alarm, annoy, or harass the petitioner; 13
(iv) The respondent is acting pursuant to any statutory authority 14
including, but not limited to, acts which are reasonably necessary 15
to: 16
(A) Protect property or liberty interests; 17
(B) Enforce the law; or 18
(C) Meet specific statutory duties or requirements;19
(v) The respondent's course of conduct has the purpose or effect 20
of unreasonably interfering with the petitioner's privacy or the 21
purpose or effect of creating an intimidating, hostile, or offensive 22
living environment for the petitioner; or 23
(vi) Contact by the respondent with the petitioner or the 24
petitioner's family has been limited in any manner by any previous 25
court order. 26
(8) "Court clerk" means court administrators in courts of limited 27
jurisdiction and elected court clerks. 28
(9) "Dating relationship" means a social relationship of a 29
romantic nature. Factors that the court may consider in making this 30
determination include: (a) The length of time the relationship has 31
existed; (b) the nature of the relationship; and (c) the frequency of 32
interaction between the parties. 33
(10) "Domestic violence" means: 34
(a) Physical harm, bodily injury, assault, or the infliction of 35
fear of physical harm, bodily injury, or assault; nonconsensual 36
sexual conduct or nonconsensual sexual penetration; coercive control; 37
unlawful harassment; or stalking of one intimate partner by another 38
intimate partner; or 39
p. 5 HB 1426
(b) Physical harm, bodily injury, assault, or the infliction of 1
fear of physical harm, bodily injury, or assault; nonconsensual 2
sexual conduct or nonconsensual sexual penetration; coercive control; 3
unlawful harassment; or stalking of one family or household member by 4
another family or household member. 5
(11) "Electronic monitoring" has the same meaning as in RCW 6
9.94A.030. 7
(12) "Essential personal effects" means those items necessary for 8
a person's immediate health, welfare, and livelihood. "Essential 9
personal effects" includes, but is not limited to, clothing, cribs, 10
bedding, medications, personal hygiene items, cellular phones and 11
other electronic devices, and documents, including immigration, 12
health care, financial, travel, and identity documents.13
(13) "Facility" means a residence licensed or required to be 14
licensed under chapter 18.20 RCW, assisted living facilities; chapter 15
18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; 16
chapter 72.36 RCW, soldiers' homes; chapter 71A.20 RCW, residential 17
habilitation centers; or any other facility licensed or certified by 18
the department of social and health services. 19
(14) "Family or household members" means: (a) Persons related by 20
blood, marriage, domestic partnership, or adoption; (b) persons who 21
currently or formerly resided together; (c) persons who have a 22
biological or legal parent-child relationship, including stepparents 23
and stepchildren and grandparents and grandchildren, or a parent's 24
intimate partner and children; and (d) a person who is acting or has 25
acted as a legal guardian. 26
(15) "Financial exploitation" means the illegal or improper use 27
of, control over, or withholding of, the property, income, resources, 28
or trust funds of the vulnerable adult by any person or entity for 29
any person's or entity's profit or advantage other than for the 30
vulnerable adult's profit or advantage. "Financial exploitation" 31
includes, but is not limited to: 32
(a) The use of deception, intimidation, or undue influence by a 33
person or entity in a position of trust and confidence with a 34
vulnerable adult to obtain or use the property, income, resources, 35
government benefits, health insurance benefits, or trust funds of the 36
vulnerable adult for the benefit of a person or entity other than the 37
vulnerable adult; 38
(b) The breach of a fiduciary duty, including, but not limited 39
to, the misuse of a power of attorney, trust, or a guardianship or 40
p. 6 HB 1426
conservatorship appointment, that results in the unauthorized 1
appropriation, sale, or transfer of the property, income, resources, 2
or trust funds of the vulnerable adult for the benefit of a person or 3
entity other than the vulnerable adult; or 4
(c) Obtaining or using a vulnerable adult's property, income, 5
resources, or trust funds without lawful authority, by a person or 6
entity who knows or clearly should know that the vulnerable adult 7
lacks the capacity to consent to the release or use of the vulnerable 8
adult's property, income, resources, or trust funds.9
(16) "Firearm" means a weapon or device from which a projectile 10
or projectiles may be fired by an explosive such as gunpowder. 11
"Firearm" does not include a flare gun or other pyrotechnic visual 12
distress signaling device, or a powder-actuated tool or other device 13
designed solely to be used for construction purposes. "Firearm" also 14
includes parts that can be assembled to make a firearm.15
(17) "Full hearing" means a hearing where the court determines 16
whether to issue a full protection order. 17
(18) "Full protection order" means a protection order that is 18
issued by the court after notice to the respondent and where the 19
parties had the opportunity for a full hearing by the court. "Full 20
protection order" includes a protection order entered by the court by 21
agreement of the parties to resolve the petition for a protection 22
order without a full hearing. 23
(19) "Hospital" means a facility licensed under chapter 70.41 or 24
71.12 RCW or a state hospital defined in chapter 72.23 RCW and any 25
employee, agent, officer, director, or independent contractor 26
thereof. 27
(20) "Ignition interlock device" has the same meaning as in RCW 28
46.04.215.29
(21) "Interested person" means:30
(a) For protection orders other than impaired driving protection 31
orders, a person who demonstrates to the court's satisfaction that 32
the person is interested in the welfare of a vulnerable adult, that 33
the person has a good faith belief that the court's intervention is 34
necessary, and that the vulnerable adult is unable, due to 35
incapacity, undue influence, or duress at the time the petition is 36
filed, to protect his or her own interests; or37
(b) For impaired driving protection orders, a person who 38
demonstrates to the court's satisfaction that the person can provide 39
credible testimony regarding the respondent's history of driving 40
p. 7 HB 1426
under the influence of intoxicating liquor and that the person has a 1
good faith belief that the court's intervention is necessary.2
(((21))) (22) "Intimate partner" means: (a) Spouses or domestic 3
partners; (b) former spouses or former domestic partners; (c) persons 4
who have a child in common regardless of whether they have been 5
married or have lived together at any time, unless the child is 6
conceived through sexual assault; or (d) persons who have or have had 7
a dating relationship where both persons are at least 13 years of age 8
or older. 9
(((22))) (23)(a) "Isolate" or "isolation" means to restrict a 10
person's ability to communicate, visit, interact, or otherwise 11
associate with persons of his or her choosing. Isolation may be 12
evidenced by acts including, but not limited to: 13
(i) Acts that prevent a person from sending, making, or receiving 14
his or her personal mail, electronic communications, or telephone 15
calls; or 16
(ii) Acts that prevent or obstruct a person from meeting with 17
others, such as telling a prospective visitor or caller that the 18
person is not present or does not wish contact, where the statement 19
is contrary to the express wishes of the person. 20
(b) The term "isolate" or "isolation" may not be construed in a 21
manner that prevents a guardian or limited guardian from performing 22
his or her fiduciary obligations under chapter 11.92 RCW or prevents 23
a hospital or facility from providing treatment consistent with the 24
standard of care for delivery of health services. 25
(((23))) (24) "Judicial day" means days of the week other than 26
Saturdays, Sundays, or legal holidays. 27
(((24))) (25) "Mechanical restraint" means any device attached or 28
adjacent to a vulnerable adult's body that the vulnerable adult 29
cannot easily remove that restricts freedom of movement or normal 30
access to the vulnerable adult's body. "Mechanical restraint" does 31
not include the use of devices, materials, or equipment that are (a) 32
medically authorized, as required, and (b) used in a manner that is 33
consistent with federal or state licensing or certification 34
requirements for facilities, hospitals, or programs authorized under 35
chapter 71A.12 RCW. 36
(((25))) (26) "Minor" means a person who is under 18 years of 37
age. 38
(((26))) (27) "Neglect" means: (a) A pattern of conduct or 39
inaction by a person or entity with a duty of care that fails to 40
p. 8 HB 1426
provide the goods and services that maintain the physical or mental 1
health of a vulnerable adult, or that fails to avoid or prevent 2
physical or mental harm or pain to a vulnerable adult; or (b) an act 3
or omission by a person or entity with a duty of care that 4
demonstrates a serious disregard of consequences of such a magnitude 5
as to constitute a clear and present danger to the vulnerable adult's 6
health, welfare, or safety including, but not limited to, conduct 7
prohibited under RCW 9A.42.100. 8
(((27))) (28) "Nonconsensual" means a lack of freely given 9
consent. 10
(((28))) (29) "Nonphysical contact" includes, but is not limited 11
to, written notes, mail, telephone calls, email, text messages, 12
contact through social media applications, contact through other 13
technologies, or contact through third parties. 14
(((29)))(30) "Petitioner" means any named petitioner or any other 15
person identified in the petition on whose behalf the petition is 16
brought. 17
(((30))) (31) "Physical restraint" means the application of 18
physical force without the use of any device, for the purpose of 19
restraining the free movement of a vulnerable adult's body. "Physical 20
restraint" does not include (a) briefly holding, without undue force, 21
a vulnerable adult in order to calm or comfort him or her, or (b) 22
holding a vulnerable adult's hand to safely escort him or her from 23
one area to another. 24
(((31))) (32) "Possession" means having an item in one's custody 25
or control. Possession may be either actual or constructive. Actual 26
possession occurs when the item is in the actual physical custody of 27
the person charged with possession. Constructive possession occurs 28
when there is no actual physical possession, but there is dominion 29
and control over the item. 30
(((32))) (33) "Respondent" means the person who is identified as 31
the respondent in a petition filed under this chapter.32
(((33)))(34) "Sexual conduct" means any of the following:33
(a) Any intentional or knowing touching or fondling of the 34
genitals, anus, or breasts, directly or indirectly, including through 35
clothing; 36
(b) Any intentional or knowing display of the genitals, anus, or 37
breasts for the purposes of arousal or sexual gratification of the 38
respondent; 39
p. 9 HB 1426
(c) Any intentional or knowing touching or fondling of the 1
genitals, anus, or breasts, directly or indirectly, including through 2
clothing, that the petitioner is forced to perform by another person 3
or the respondent; 4
(d) Any forced display of the petitioner's genitals, anus, or 5
breasts for the purposes of arousal or sexual gratification of the 6
respondent or others; 7
(e) Any intentional or knowing touching of the clothed or 8
unclothed body of a child under the age of 16, if done for the 9
purpose of sexual gratification or arousal of the respondent or 10
others; or 11
(f) Any coerced or forced touching or fondling by a child under 12
the age of 16, directly or indirectly, including through clothing, of 13
the genitals, anus, or breasts of the respondent or others.14
(((34))) (35) "Sexual penetration" means any contact, however 15
slight, between the sex organ or anus of one person by an object, the 16
sex organ, mouth, or anus of another person, or any intrusion, 17
however slight, of any part of the body of one person or of any 18
animal or object into the sex organ or anus of another person 19
including, but not limited to, cunnilingus, fellatio, or anal 20
penetration. Evidence of emission of semen is not required to prove 21
sexual penetration. 22
(((35))) (36) "Stalking" means any of the following:23
(a) Any act of stalking as defined under RCW 9A.46.110;24
(b) Any act of cyber harassment as defined under RCW 9A.90.120; 25
or 26
(c) Any course of conduct involving repeated or continuing 27
contacts, attempts to contact, monitoring, tracking, surveillance, 28
keeping under observation, disrupting activities in a harassing 29
manner, or following of another person that: 30
(i) Would cause a reasonable person to feel intimidated, 31
frightened, under duress, significantly disrupted, or threatened and 32
that actually causes such a feeling; 33
(ii) Serves no lawful purpose; and 34
(iii) The respondent knows, or reasonably should know, threatens, 35
frightens, or intimidates the person, even if the respondent did not 36
intend to intimidate, frighten, or threaten the person.37
(((36))) (37) "Temporary protection order" means a protection 38
order that is issued before the court has decided whether to issue a 39
full protection order. "Temporary protection order" includes ex parte 40
p. 10 HB 1426
temporary protection orders, as well as temporary protection orders 1
that are reissued by the court pending the completion of a full 2
hearing to decide whether to issue a full protection order. An "ex 3
parte temporary protection order" means a temporary protection order 4
that is issued without prior notice to the respondent.5
(((37))) (38) "Unlawful harassment" means: 6
(a) A knowing and willful course of conduct directed at a 7
specific person that seriously alarms, annoys, harasses, or is 8
detrimental to such person, and that serves no legitimate or lawful 9
purpose. The course of conduct must be such as would cause a 10
reasonable person to suffer substantial emotional distress, and must 11
actually cause substantial emotional distress to the petitioner; or12
(b) A single act of violence or threat of violence directed at a 13
specific person that seriously alarms, annoys, harasses, or is 14
detrimental to such person, and that serves no legitimate or lawful 15
purpose, which would cause a reasonable person to suffer substantial 16
emotional distress, and must actually cause substantial emotional 17
distress to the petitioner. A single threat of violence must include: 18
(i) A malicious and intentional threat as described in RCW 19
9A.36.080(1)(c); or (ii) the presence of a firearm or other weapon.20
(((38))) (39) "Vulnerable adult" includes a person:21
(a) Sixty years of age or older who has the functional, mental, 22
or physical inability to care for himself or herself; or23
(b) Subject to a guardianship under RCW 11.130.265 or adult 24
subject to conservatorship under RCW 11.130.360; or25
(c) Who has a developmental disability as defined under RCW 26
71A.10.020; or 27
(d) Admitted to any facility; or 28
(e) Receiving services from home health, hospice, or home care 29
agencies licensed or required to be licensed under chapter 70.127 30
RCW; or 31
(f) Receiving services from a person under contract with the 32
department of social and health services to provide services in the 33
home under chapter 74.09 or 74.39A RCW; or 34
(g) Who self-directs his or her own care and receives services 35
from a personal aide under chapter 74.39 RCW. 36
NEW SECTION. Sec. 2. A new section is added to chapter 7.105 37
RCW to read as follows: 38
p. 11 HB 1426
The superior courts have jurisdiction over impaired driving 1
protection order proceedings under this chapter. Additionally, 2
district courts have limited jurisdiction over the issuance and 3
enforcement of temporary impaired driving protection orders issued 4
under section 9 of this act. The district court shall set the full 5
hearing in superior court and transfer the case. If the notice and 6
order are not served on the respondent in time for the full hearing, 7
the issuing court has concurrent jurisdiction with the superior court 8
to extend the temporary impaired driving protection order. The 9
superior court to which the case is being transferred shall determine 10
whether to grant any request for a continuance. 11
Sec. 3. RCW 7.105.100 and 2024 c 298 s 10 are each amended to 12
read as follows: 13
(1) There exists an action known as a petition for a protection 14
order. The following types of petitions for a protection order may be 15
filed: 16
(a) A petition for a domestic violence protection order, which 17
must allege the existence of domestic violence committed against the 18
petitioner or petitioners by an intimate partner or a family or 19
household member. The petitioner may petition for relief on behalf of 20
himself or herself and on behalf of family or household members who 21
are minors or vulnerable adults. A petition for a domestic violence 22
protection order must specify whether the petitioner and the 23
respondent are intimate partners or family or household members. A 24
petitioner who has been sexually assaulted or stalked by an intimate 25
partner or a family or household member should, but is not required 26
to, seek a domestic violence protection order, rather than a sexual 27
assault protection order or a stalking protection order.28
(b) A petition for a sexual assault protection order, which must 29
allege the existence of nonconsensual sexual conduct, nonconsensual 30
sexual penetration, or commercial sexual exploitation that was 31
committed against the petitioner by the respondent. A petitioner who 32
has been sexually assaulted by an intimate partner or a family or 33
household member should, but is not required to, seek a domestic 34
violence protection order, rather than a sexual assault protection 35
order. A single incident of nonconsensual sexual conduct or 36
nonconsensual sexual penetration is sufficient grounds for a petition 37
for a sexual assault protection order. The petitioner may petition 38
for a sexual assault protection order on behalf of:39
p. 12 HB 1426
(i) Himself or herself; 1
(ii) A minor child, where the petitioner is the parent, legal 2
guardian, or custodian; 3
(iii) A vulnerable adult, where the petitioner is an interested 4
person; or 5
(iv) Any other adult for whom the petitioner demonstrates to the 6
court's satisfaction that the petitioner is interested in the adult's 7
well-being, the court's intervention is necessary, and the adult 8
cannot file the petition because of age, disability, health, or 9
inaccessibility. 10
(c) A petition for a stalking protection order, which must allege 11
the existence of stalking committed against the petitioner or 12
petitioners by the respondent. A petitioner who has been stalked by 13
an intimate partner or a family or household member should, but is 14
not required to, seek a domestic violence protection order, rather 15
than a stalking protection order. The petitioner may petition for a 16
stalking protection order on behalf of: 17
(i) Himself or herself; 18
(ii) A minor child, where the petitioner is the parent, legal 19
guardian, or custodian; 20
(iii) A vulnerable adult, where the petitioner is an interested 21
person; or 22
(iv) Any other adult for whom the petitioner demonstrates to the 23
court's satisfaction that the petitioner is interested in the adult's 24
well-being, the court's intervention is necessary, and the adult 25
cannot file the petition because of age, disability, health, or 26
inaccessibility. 27
(d) A petition for a vulnerable adult protection order, which 28
must allege that the petitioner, or person on whose behalf the 29
petition is brought, is a vulnerable adult and that the petitioner, 30
or person on whose behalf the petition is brought, has been 31
abandoned, abused, financially exploited, or neglected, or is 32
threatened with abandonment, abuse, financial exploitation, or 33
neglect, by the respondent. 34
(e) A petition for an extreme risk protection order, which must 35
allege that the respondent poses a significant danger of causing 36
personal injury to self or others by having in the respondent's 37
custody or control, purchasing, possessing, accessing, receiving, or 38
attempting to purchase or receive, a firearm. The petition must also 39
identify information the petitioner is able to provide about the 40
p. 13 HB 1426
firearms, such as the number, types, and locations of any firearms 1
the petitioner believes to be in the respondent's current ownership, 2
possession, custody, access, or control. A petition for an extreme 3
risk protection order may be filed by (i) an intimate partner or a 4
family or household member of the respondent; or (ii) a law 5
enforcement agency. 6
(f) A petition for an antiharassment protection order, which must 7
allege the existence of unlawful harassment committed against the 8
petitioner or petitioners by the respondent. If a petitioner is 9
seeking relief based on domestic violence, nonconsensual sexual 10
conduct, nonconsensual sexual penetration, or stalking, the 11
petitioner may, but is not required to, seek a domestic violence, 12
sexual assault, or stalking protection order, rather than an 13
antiharassment order. The petitioner may petition for an 14
antiharassment protection order on behalf of: 15
(i) Himself or herself; 16
(ii) A minor child, where the petitioner is the parent, legal 17
guardian, or custodian; 18
(iii) A vulnerable adult, where the petitioner is an interested 19
person; or 20
(iv) Any other adult for whom the petitioner demonstrates to the 21
court's satisfaction that the petitioner is interested in the adult's 22
well-being, the court's intervention is necessary, and the adult 23
cannot file the petition because of age, disability, health, or 24
inaccessibility. 25
(g)(i) A petition for an impaired driving protection order, which 26
must allege that the respondent poses a significant danger of causing 27
personal injury to self or others by driving or having physical 28
control of a motor vehicle while under the influence of intoxicating 29
liquor.30
(ii) The petition must include any information known to the 31
petitioner regarding the respondent's history of driving or having 32
physical control of a motor vehicle while under the influence of 33
intoxicating liquor. The petition must also identify information the 34
petitioner is able to provide about vehicles driven by the 35
respondent.36
(iii) A petition for an impaired driving protection order may be 37
filed by:38
(A) An intimate partner or a family or household member of the 39
respondent;40
p. 14 HB 1426
(B) A law enforcement agency;1
(C) A prosecuting attorney as defined in RCW 36.27.005 or 2
35.23.111, or any attorney authorized to prosecute cases in court of 3
limited jurisdiction; or 4
(D) An interested person, as defined in RCW 7.105.010(21)(b).5
(2) With the exception of vulnerable adult protection orders, a 6
person under 18 years of age who is 15 years of age or older may seek 7
relief under this chapter as a petitioner and is not required to seek 8
relief through a petition filed on his or her behalf. He or she may 9
also petition on behalf of a family or household member who is a 10
minor if chosen by the minor and capable of pursuing the minor's 11
stated interest in the action. 12
(3) A person under 15 years of age who is seeking relief under 13
this chapter is required to seek relief by a person authorized as a 14
petitioner under this section. 15
(4) If a petition for a protection order is filed by an 16
interested person, the affidavit or declaration must also include a 17
statement of why the petitioner qualifies as an interested person.18
(5) A petition for any type of protection order must not be 19
dismissed or denied on the basis that the conduct alleged by the 20
petitioner would meet the criteria for the issuance of another type 21
of protection order. If a petition meets the criteria for a different 22
type of protection order other than the one sought by the petitioner, 23
the court shall consider the petitioner's preference, and enter a 24
temporary protection order or set the matter for a hearing as 25
appropriate under the law. The court's decision on the appropriate 26
type of order shall not be premised on alleviating any potential 27
stigma on the respondent. 28
(6) The protection order petition must contain a section where 29
the petitioner, regardless of petition type, may request specific 30
relief provided for in RCW 7.105.310 that the petitioner seeks for 31
himself or herself or for family or household members who are minors. 32
The totality of selected relief, and any other relief the court deems 33
appropriate for the petitioner, or family or household members who 34
are minors, must be considered at the time of entry of temporary 35
protection orders and at the time of entry of full protection orders.36
(7) If a court reviewing the petition for a protection order or a 37
request for a temporary protection order determines that the petition 38
was not filed in the correct court, the court shall enter findings 39
establishing the correct court, and direct the clerk to transfer the 40
p. 15 HB 1426
petition to the correct court and to provide notice of the transfer 1
to all parties who have appeared. 2
(8) Upon filing a petition for a protection order, the petitioner 3
may request that the court enter an ex parte temporary protection 4
order and an order to surrender and prohibit weapons without notice 5
until a hearing on a full protection order may be held. When 6
requested, there shall be a rebuttable presumption to include the 7
petitioner's minor children as protected parties in the ex parte 8
temporary domestic violence protection order until the full hearing 9
to reduce the risk of harm to children during periods of heightened 10
risk, unless there is good cause not to include the minor children. 11
If the court denies the petitioner's request to include the minor 12
children, the court shall make written findings why the children 13
should not be included, pending the full hearing. An ex parte 14
temporary protection order shall be effective for a fixed period of 15
time and shall be issued initially for a period not to exceed 14 16
days, which may be extended for good cause. 17
Sec. 4. RCW 7.105.115 and 2022 c 268 s 7 are each amended to 18
read as follows: 19
(1) By December 30, 2022, the administrative office of the courts 20
shall: 21
(a) Develop and distribute standard forms for petitions and 22
orders issued under this chapter, and facilitate the use of online 23
forms for electronic filings. 24
(i) For all protection orders except extreme risk protection 25
orders and impaired driving protection orders , the protection order 26
must include, in a conspicuous location, a notice of criminal 27
penalties resulting from a violation of the order, and the following 28
statement: "You can be arrested even if the protected person or 29
persons invite or allow you to violate the order. You alone are 30
responsible for following the order. Only the court may change the 31
order. Requests for changes must be made in writing."32
(ii) For extreme risk protection orders and impaired driving 33
protection orders , the protection order must include, in a 34
conspicuous location, a notice of criminal penalties resulting from a 35
violation of the order, and the following statement: "You have the 36
sole responsibility to avoid or refrain from violating this order's 37
provisions. Only the court may change the order. Requests for changes 38
must be made in writing."; 39
p. 16 HB 1426
(b) Develop and distribute instructions and informational 1
brochures regarding protection orders and a court staff handbook on 2
the protection order process, which shall be made available online to 3
view and download at no cost. Developing additional methods to inform 4
the public about protection orders in understandable terms and in 5
languages other than English through videos and social media should 6
also be considered. The instructions, brochures, forms, and handbook 7
must be prepared in consultation with civil legal aid, culturally 8
specific advocacy programs, and domestic violence and sexual assault 9
advocacy programs. The instructions must be designed to assist 10
petitioners in completing the petition, and must include a sample of 11
standard petition and protection order forms. The instructions and 12
standard petition must include a means for the petitioner to 13
identify, with only lay knowledge, the firearms the respondent may 14
own, possess, receive, have access to, or have in the respondent's 15
custody or control. The instructions must provide pictures of types 16
of firearms that the petitioner may choose from to identify the 17
relevant firearms, or an equivalent means to allow petitioners to 18
identify firearms without requiring specific or technical knowledge 19
regarding the firearms. The court staff handbook must allow for the 20
addition of a community resource list by the court clerk. The 21
informational brochure must describe the use of, and the process for, 22
obtaining, renewing, modifying, terminating, and enforcing protection 23
orders as provided under this chapter, as well as the process for 24
obtaining, modifying, terminating, and enforcing an antiharassment 25
no-contact order as provided under chapter 9A.46 RCW, a domestic 26
violence no-contact order as provided under chapter 10.99 RCW, a 27
restraining order as provided under chapters 26.09, 26.26A, 26.26B, 28
and 26.44 RCW, a foreign protection order as defined in chapter 26.52 29
RCW, and a Canadian domestic violence protection order as defined in 30
RCW 26.55.010; 31
(c) Determine the significant non-English-speaking or limited 32
English-speaking populations in the state. The administrative office 33
of the courts shall then arrange for translation of the instructions 34
and informational brochures required by this section, which must 35
contain a sample of the standard petition and protection order forms, 36
into the languages spoken by at least the top five significant non-37
English-speaking populations, and shall distribute a master copy of 38
the translated instructions and informational brochures to all court 39
clerks and to the Washington supreme court's interpreter commission, 40
p. 17 HB 1426
minority and justice commission, and gender and justice commission. 1
Such materials must be updated and distributed if needed due to 2
relevant changes in the law; 3
(d)(i) Distribute a master copy of the petition and order forms, 4
instructions, and informational brochures to all court clerks, and 5
distribute a master copy of the petition and order forms to all 6
superior, district, and municipal courts; 7
(ii) In collaboration with civil legal aid attorneys, domestic 8
violence advocates, sexual assault advocates, elder abuse advocates, 9
clerks, and judicial officers, develop and distribute a single 10
petition form that a petitioner may use to file for any type of 11
protection order authorized by this chapter, with the exception of 12
extreme risk protection orders and impaired driving protection 13
orders; 14
(iii) For extreme risk protection orders, develop and prepare:15
(A) A standard petition and order form for an extreme risk 16
protection order, as well as a standard petition and order form for 17
an extreme risk protection order sought against a respondent under 18 18
years of age, titled "Extreme Risk Protection Order - Respondent 19
Under 18 Years"; 20
(B) Pattern forms to assist in streamlining the process for those 21
persons who are eligible to seal records relating to an order under 22
(d)(i) of this subsection, including: 23
(I) A petition and declaration the respondent can complete to 24
ensure that requirements for public sealing have been met; and25
(II) An order sealing the court records relating to that order; 26
and 27
(C) An informational brochure to be served on any respondent who 28
is subject to a temporary or full protection order under (d)(iii)(A) 29
of this subsection; 30
(iv) For impaired driving protection orders, develop and prepare:31
(A) A standard petition and order form for an impaired driving 32
protection order; and33
(B) An informational brochure to be served on any respondent who 34
is subject to a temporary or full protection order under (d)(iv)(A) 35
of this subsection;36
(e) Create a new confidential party information form to satisfy 37
the purposes of the confidential information form and the law 38
enforcement information sheet that will serve both the court's and 39
law enforcement's data entry needs without requiring a redundant 40
p. 18 HB 1426
effort for the petitioner, and ensure the petitioner's confidential 1
information is protected for the purpose of safety. The form should 2
be created with the presumption that it will also be used by the 3
respondent to provide all current contact information needed by the 4
court and law enforcement, and full identifying information for 5
improved data entry. The form should also prompt the petitioner to 6
disclose on the form whether the person who the petitioner is seeking 7
to restrain has a disability, brain injury, or impairment requiring 8
special assistance; and 9
(f) Update the instructions, brochures, standard petition and 10
order for protection forms, and court staff handbook when changes in 11
the law make an update necessary. 12
(2) By July 1, 2022, the administrative office of the courts, 13
through the gender and justice commission of the Washington state 14
supreme court, and with the support of the Washington state women's 15
commission, shall work with representatives of superior, district, 16
and municipal court judicial officers, court clerks, and 17
administrators, including those with experience in protection order 18
proceedings, as well as advocates and practitioners with expertise in 19
each type of protection order, and others with relevant expertise, to 20
develop for the courts: 21
(a) Standards for filing evidence in protection order proceedings 22
in a manner that protects victim safety and privacy, including 23
evidence in the form of text messages, social media messages, voice 24
mails, and other recordings, and the development of a sealed cover 25
sheet for explicit or intimate images and recordings; and26
(b) Requirements for private vendors who provide services related 27
to filing systems for protection orders, as well as what data should 28
be collected. 29
NEW SECTION. Sec. 5. A new section is added to chapter 7.105 30
RCW to read as follows: 31
For impaired driving protection order hearings, the following 32
apply: 33
(1) The court may: 34
(a) Examine under oath the petitioner, the respondent, and any 35
witnesses they may produce, or, in lieu of examination, consider 36
sworn declarations of the petitioner, the respondent, and any 37
witnesses they may produce; and 38
p. 19 HB 1426
(b) Ensure that a reasonable search has been conducted for 1
criminal history records and civil protection order history related 2
to the respondent. 3
(2) In determining whether grounds for an impaired driving 4
protection order exists, the court may consider any relevant evidence 5
including, but not limited to, any of the following:6
(a) Corroborated evidence of alcohol misuse by the respondent;7
(b) Corroborated evidence that the respondent has driven or had 8
physical control of a motor vehicle while under the influence of 9
intoxicating liquor; and 10
(c) History of the respondent's prior arrest, deferred 11
prosecution, or conviction for a violation of RCW 46.61.502, 12
46.61.504, 46.61.5249, 46.61.500, an equivalent local ordinance, or 13
any offense involving alcohol. 14
Sec. 6. RCW 7.105.225 and 2024 c 298 s 12 are each amended to 15
read as follows: 16
(1) The court shall issue a protection order if it finds by a 17
preponderance of the evidence that the petitioner has proved the 18
required criteria specified in (a) through (((f))) (g) of this 19
subsection for obtaining a protection order under this chapter.20
(a) For a domestic violence protection order, that the petitioner 21
has been subjected to domestic violence by the respondent.22
(b) For a sexual assault protection order, that the petitioner 23
has been subjected to nonconsensual sexual conduct, nonconsensual 24
sexual penetration, or commercial sexual exploitation by the 25
respondent. 26
(c) For a stalking protection order, that the petitioner has been 27
subjected to stalking by the respondent. 28
(d) For a vulnerable adult protection order, that the petitioner 29
has been abandoned, abused, financially exploited, or neglected, or 30
is threatened with abandonment, abuse, financial exploitation, or 31
neglect by the respondent. 32
(e) For an extreme risk protection order, that the respondent 33
poses a significant danger of causing personal injury to self or 34
others by having in the respondent's custody or control, purchasing, 35
possessing, accessing, receiving, or attempting to purchase or 36
receive, a firearm. 37
(f) For an antiharassment protection order, that the petitioner 38
has been subjected to unlawful harassment by the respondent.39
p. 20 HB 1426
(g) For an impaired driving protection order, that the respondent 1
poses a significant danger of causing personal injury to self or 2
others by driving or having physical control of a motor vehicle while 3
under the influence of intoxicating liquor.4
(2) The court may not deny or dismiss a petition for a protection 5
order on the grounds that: 6
(a) The petitioner or the respondent is a minor, unless 7
provisions in this chapter specifically limit relief or remedies 8
based upon a party's age; 9
(b) The petitioner did not report the conduct giving rise to the 10
petition to law enforcement; 11
(c) A no-contact order or a restraining order that restrains the 12
respondent's contact with the petitioner has been issued in a 13
criminal proceeding or in a domestic relations proceeding;14
(d) The relief sought by the petitioner may be available in a 15
different action or proceeding, or criminal charges are pending 16
against the respondent; 17
(e) The conduct at issue did not occur recently or because of the 18
passage of time since the last incident of conduct giving rise to the 19
petition; or 20
(f) The respondent no longer lives near the petitioner.21
(3) In proceedings where the petitioner alleges that the 22
respondent engaged in nonconsensual sexual conduct, nonconsensual 23
sexual penetration, or commercial sexual exploitation, the court 24
shall not require proof of physical injury on the person of the 25
petitioner or any other forensic evidence. Denial of a remedy to the 26
petitioner may not be based, in whole or in part, on evidence that:27
(a) The respondent was voluntarily intoxicated;28
(b) The petitioner was voluntarily intoxicated; or29
(c) The petitioner engaged in limited consensual sexual touching.30
(4) In proceedings where the petitioner alleges that the 31
respondent engaged in stalking, the court may not require proof of 32
the respondent's intentions regarding the acts alleged by the 33
petitioner. 34
(5) In proceedings where the petitioner alleges that the 35
respondent engaged in commercial sexual exploitation, denial of a 36
remedy to the petitioner may not be based, in whole or in part, on 37
evidence that the petitioner consented to sexual conduct or sexual 38
penetration. 39
p. 21 HB 1426
(6) If the court declines to issue a protection order, the court 1
shall state in writing the particular reasons for the court's denial. 2
If the court declines a request to include one or more of the 3
petitioner's family or household member who is a minor or a 4
vulnerable adult in the order, the court shall state the reasons for 5
that denial in writing. The court shall also explain from the bench:6
(a) That the petitioner may refile a petition for a protection 7
order at any time if the petitioner has new evidence to present that 8
would support the issuance of a protection order; 9
(b) The parties' rights to seek revision, reconsideration, or 10
appeal of the order; and 11
(c) The parties' rights to have access to the court transcript or 12
recording of the hearing. 13
(7) A court's ruling on a protection order must be filed by the 14
court in writing and must be made by the court on the mandatory form 15
developed by the administrative office of the courts.16
Sec. 7. RCW 7.105.300 and 2021 c 215 s 37 are each amended to 17
read as follows: 18
RCW 7.105.305 through 7.105.325 apply to all orders other than 19
extreme risk protection orders and impaired driving protection 20
orders. 21
Sec. 8. RCW 7.105.310 and 2022 c 268 s 17 and 2022 c 231 s 9 are 22
each reenacted and amended to read as follows: 23
(1) In issuing any type of protection order, other than an ex 24
parte temporary antiharassment protection order as limited by 25
subsection (2) of this section, and other than an extreme risk 26
protection order or an impaired driving protection order , the court 27
shall have broad discretion to grant such relief as the court deems 28
proper, including an order that provides relief as follows:29
(a) Restrain the respondent from committing any of the following 30
acts against the petitioner and other persons protected by the order: 31
Domestic violence; nonconsensual sexual conduct or nonconsensual 32
sexual penetration; sexual abuse; stalking; acts of abandonment, 33
abuse, neglect, or financial exploitation against a vulnerable adult; 34
and unlawful harassment; 35
(b) Restrain the respondent from making any attempts to have 36
contact, including nonphysical contact, with the petitioner or the 37
petitioner's family or household members who are minors or other 38
p. 22 HB 1426
members of the petitioner's household, either directly, indirectly, 1
or through third parties regardless of whether those third parties 2
know of the order; 3
(c) Exclude the respondent from the residence that the parties 4
share; 5
(d) Exclude the respondent from the residence, workplace, or 6
school of the petitioner; or from the day care or school of a minor 7
child; 8
(e) Restrain the respondent from knowingly coming within, or 9
knowingly remaining within, a specified distance from a specified 10
location including, but not limited to, a residence, school, day 11
care, workplace, the protected party's person, and the protected 12
party's vehicle. The specified distance shall presumptively be at 13
least 1,000 feet, unless the court for good cause finds that a 14
shorter specified distance is appropriate; 15
(f) If the parties have children in common, make residential 16
provisions with regard to their minor children on the same basis as 17
is provided in chapter 26.09 RCW. However, parenting plans as 18
specified in chapter 26.09 RCW must not be required under this 19
chapter. The court may not delay or defer relief under this chapter 20
on the grounds that the parties could seek a parenting plan or 21
modification to a parenting plan in a different action. A protection 22
order must not be denied on the grounds that the parties have an 23
existing parenting plan in effect. A protection order may suspend the 24
respondent's contact with the parties' children under an existing 25
parenting plan, subject to further orders in a family law proceeding;26
(g) Order the respondent to participate in a state-certified 27
domestic violence perpetrator treatment program approved under RCW 28
43.20A.735 or a state-certified sex offender treatment program 29
approved under RCW 18.155.070; 30
(h) Order the respondent to obtain a mental health or chemical 31
dependency evaluation. If the court determines that a mental health 32
evaluation is necessary, the court shall clearly document the reason 33
for this determination and provide a specific question or questions 34
to be answered by the mental health professional. The court shall 35
consider the ability of the respondent to pay for an evaluation. 36
Minors are presumed to be unable to pay. The parent or legal guardian 37
is responsible for costs unless the parent or legal guardian 38
demonstrates inability to pay; 39
p. 23 HB 1426
(i) In cases where the petitioner and the respondent are students 1
who attend the same public or private elementary, middle, or high 2
school, the court, when issuing a protection order and providing 3
relief, shall consider, among the other facts of the case, the 4
severity of the act, any continuing physical danger, emotional 5
distress, or educational disruption to the petitioner, and the 6
financial difficulty and educational disruption that would be caused 7
by a transfer of the respondent to another school. The court may 8
order that the respondent not attend the public or private 9
elementary, middle, or high school attended by the petitioner. If a 10
minor respondent is prohibited attendance at the minor's assigned 11
public school, the school district must provide the student 12
comparable educational services in another setting. In such a case, 13
the district shall provide transportation at no cost to the 14
respondent if the respondent's parent or legal guardian is unable to 15
pay for transportation. The district shall put in place any needed 16
supports to ensure successful transition to the new school 17
environment. The court shall send notice of the restriction on 18
attending the same school as the petitioner to the public or private 19
school the respondent will attend and to the school the petitioner 20
attends; 21
(j) Require the respondent to pay the administrative court costs 22
and service fees, as established by the county or municipality 23
incurring the expense, and to reimburse the petitioner for costs 24
incurred in bringing the action, including reasonable attorneys' fees 25
or limited license legal technician fees when such fees are incurred 26
by a person licensed and practicing in accordance with state supreme 27
court admission and practice rule 28, the limited practice rule for 28
limited license legal technicians. Minors are presumed to be unable 29
to pay. The parent or legal guardian is responsible for costs unless 30
the parent or legal guardian demonstrates inability to pay;31
(k) Restrain the respondent from harassing, following, 32
monitoring, keeping under physical or electronic surveillance, cyber 33
harassment as defined in RCW 9A.90.120, and using telephonic, 34
audiovisual, or other electronic means to monitor the actions, 35
location, or communication of the petitioner or the petitioner's 36
family or household members who are minors or other members of the 37
petitioner's household. For the purposes of this subsection, 38
"communication" includes both "wire communication" and "electronic 39
communication" as defined in RCW 9.73.260; 40
p. 24 HB 1426
(l) Other than for respondents who are minors, require the 1
respondent to submit to electronic monitoring. The order must specify 2
who shall provide the electronic monitoring services and the terms 3
under which the monitoring must be performed. The order also may 4
include a requirement that the respondent pay the costs of the 5
monitoring. The court shall consider the ability of the respondent to 6
pay for electronic monitoring; 7
(m) Consider the provisions of RCW 9.41.800, and order the 8
respondent to surrender, and prohibit the respondent from accessing, 9
having in his or her custody or control, possessing, purchasing, 10
attempting to purchase or receive, or receiving, all firearms, 11
dangerous weapons, and any concealed pistol license, as required in 12
RCW 9.41.800; 13
(n) Order possession and use of essential personal effects. The 14
court shall list the essential personal effects with sufficient 15
specificity to make it clear which property is included. Personal 16
effects may include pets. The court may order that a petitioner be 17
granted the exclusive custody or control of any pet owned, possessed, 18
leased, kept, or held by the petitioner, respondent, or minor child 19
residing with either the petitioner or respondent, and may prohibit 20
the respondent from interfering with the petitioner's efforts to 21
obtain the pet. The court may also prohibit the respondent from 22
knowingly coming within, or knowingly remaining within, a specified 23
distance of specified locations where the pet is regularly found;24
(o) Order use of a vehicle; 25
(p) Enter an order restricting the respondent from engaging in 26
abusive litigation as set forth in chapter 26.51 RCW or in frivolous 27
filings against the petitioner, making harassing or libelous 28
communications about the petitioner to third parties, or making false 29
reports to investigative agencies. A petitioner may request this 30
relief in the petition or by separate motion. A petitioner may 31
request this relief by separate motion at any time within five years 32
of the date the protection order is entered even if the order has 33
since expired. A stand-alone motion for an order restricting abusive 34
litigation may be brought by a party who meets the requirements of 35
chapter 26.51 RCW regardless of whether the party has previously 36
sought a protection order under this chapter, provided the motion is 37
made within five years of the date the order that made a finding of 38
domestic violence was entered. In cases where a finding of domestic 39
violence was entered pursuant to an order under chapter 26.09, 26.26, 40
p. 25 HB 1426
or 26.26A RCW, a motion for an order restricting abusive litigation 1
may be brought under the family law case or as a stand-alone action 2
filed under this chapter, when it is not reasonable or practical to 3
file under the family law case; 4
(q) Restrain the respondent from committing acts of abandonment, 5
abuse, neglect, or financial exploitation against a vulnerable adult;6
(r) Require an accounting by the respondent of the disposition of 7
the vulnerable adult's income or other resources; 8
(s) Restrain the transfer of either the respondent's or 9
vulnerable adult's property, or both, for a specified period not 10
exceeding 90 days; 11
(t) Order financial relief and restrain the transfer of jointly 12
owned assets; 13
(u) Restrain the respondent from possessing or distributing 14
intimate images, as defined in RCW 9A.86.010, depicting the 15
petitioner including, but not limited to, requiring the respondent 16
to: Take down and delete all intimate images and recordings of the 17
petitioner in the respondent's possession or control; and cease any 18
and all disclosure of those intimate images. The court may also 19
inform the respondent that it would be appropriate to ask third 20
parties in possession or control of the intimate images of this 21
protection order to take down and delete the intimate images so that 22
the order may not inadvertently be violated; or 23
(v) Order other relief as it deems necessary for the protection 24
of the petitioner and other family or household members who are 25
minors or vulnerable adults for whom the petitioner has sought 26
protection, including orders or directives to a law enforcement 27
officer, as allowed under this chapter. 28
(2) In an antiharassment protection order proceeding, the court 29
may grant the relief specified in subsection (1)(c), (f), and (t) of 30
this section only as part of a full antiharassment protection order.31
(3) The court in granting a temporary antiharassment protection 32
order or a civil antiharassment protection order shall not prohibit 33
the respondent from exercising constitutionally protected free 34
speech. Nothing in this section prohibits the petitioner from 35
utilizing other civil or criminal remedies to restrain conduct or 36
communications not otherwise constitutionally protected.37
(4) The court shall not take any of the following actions in 38
issuing a protection order. 39
p. 26 HB 1426
(a) The court may not order the petitioner to obtain services 1
including, but not limited to, drug testing, victim support services, 2
a mental health assessment, or a psychological evaluation.3
(b) The court shall not issue a full protection order to any 4
party except upon notice to the respondent and the opportunity for a 5
hearing pursuant to a petition or counter-petition filed and served 6
by the party seeking relief in accordance with this chapter. Except 7
as provided in RCW 7.105.210, the court shall not issue a temporary 8
protection order to any party unless the party has filed a petition 9
or counter-petition for a protection order seeking relief in 10
accordance with this chapter. 11
(c) Under no circumstances shall the court deny the petitioner 12
the type of protection order sought in the petition on the grounds 13
that the court finds that a different type of protection order would 14
have a less severe impact on the respondent. 15
(5) The order shall specify the date the order expires, if any. 16
For permanent orders, the court shall set the date to expire 99 years 17
from the issuance date. The order shall also state whether the court 18
issued the protection order following personal service, service by 19
electronic means, service by mail, or service by publication, and 20
whether the court has approved service by mail or publication of an 21
order issued under this section. 22
NEW SECTION. Sec. 9. A new section is added to chapter 7.105 23
RCW to read as follows: 24
(1) Where it appears from the petition and any additional 25
evidence that the respondent has engaged in conduct that serves as a 26
basis for an impaired driving protection order under this chapter, 27
and the petitioner alleges that serious immediate harm or irreparable 28
injury could result if an order is not issued immediately without 29
prior notice to the respondent, the court may grant an ex parte 30
temporary impaired driving protection order, pending a full hearing. 31
In considering whether to issue a temporary impaired driving 32
protection order, the court shall consider all relevant evidence, 33
including the evidence described in section 5 of this act.34
(2) The court has broad discretion to grant such relief as the 35
court deems proper, including the forms of relief listed in section 36
11 of this act. The court may not order a form of relief listed in 37
section 11 of this act if it would not be feasible or appropriate for 38
the respondent to comply with such a requirement before a full 39
p. 27 HB 1426
hearing is held on the petition for a protection order. If the court 1
does not order all the relief requested by the petitioner in an ex 2
parte temporary impaired driving protection order, the court shall 3
still consider ordering such relief at the full hearing on the 4
petition for an impaired driving protection order. 5
(3) An impaired driving protection order issued under this 6
section must contain the date, time of issuance, and expiration date.7
(4) The court may issue an ex parte temporary impaired driving 8
protection order on the petition with or without a hearing. If an ex 9
parte temporary impaired driving protection order is denied, the 10
court shall still set a full hearing unless the court determines the 11
petition does not contain prima facie allegations to support the 12
issuance of an impaired driving protection order. If the court 13
declines to issue an ex parte temporary protection order as requested 14
or declines to set a hearing, the court shall state the reasons in 15
writing. The court's denial of a motion for an ex parte temporary 16
impaired driving protection order shall be filed with the court.17
(5) If a full hearing is set on a petition that is filed before 18
close of business on a judicial day, the hearing must be set not 19
later than 14 days from the date of the filing of the petition. If a 20
full hearing is set on a petition that is submitted after close of 21
business on a judicial day or is submitted on a nonjudicial day, the 22
hearing must be set not later than 14 days from the first judicial 23
day after the petition is filed, which may be extended for good 24
cause. 25
(6) If the court does not set a full hearing, the petitioner may 26
file an amended petition within 14 days of the court's denial. If the 27
court determines the amended petition does not contain prima facie 28
allegations to support the issuance of an impaired driving protection 29
order or if the petitioner fails to file an amended petition within 30
the required time, the court may enter an order dismissing the 31
petition. 32
NEW SECTION. Sec. 10. A new section is added to chapter 7.105 33
RCW to read as follows: 34
(1) The court may not issue a full impaired driving protection 35
order to any party except upon notice to the respondent and the 36
opportunity for a hearing pursuant to a petition filed and served by 37
the party seeking relief in accordance with this chapter.38
p. 28 HB 1426
(2) An impaired driving protection order issued after notice and 1
a hearing, must include a statement of the grounds supporting the 2
issuance of the order. 3
(3) When issuing an impaired driving protection order after 4
notice to the respondent and a hearing, the court may either grant 5
relief for a fixed period of time of not less than one year unless 6
the petitioner has specifically requested relief for a shorter period 7
of time, or enter a permanent impaired driving protection order.8
(4) The order must specify the date the order expires, if any. 9
For permanent orders, the court shall set the date to expire 99 years 10
from the issuance date. The order shall also state whether the court 11
issued the protection order following personal service, service by 12
electronic means, service by mail, or service by publication, and 13
whether the court has approved service by mail or publication of an 14
order issued under this section. 15
(5) When the court issues an impaired driving protection order, 16
the court shall inform the respondent that the respondent is entitled 17
to request termination of the order in the manner prescribed in 18
section 16 of this act. The court shall provide the respondent with a 19
form to request a termination hearing. 20
NEW SECTION. Sec. 11. A new section is added to chapter 7.105 21
RCW to read as follows: 22
(1) In issuing an impaired driving protection order, the court 23
has broad discretion to grant such relief as the court deems proper, 24
including an order that provides relief as follows:25
(a) Require the respondent to have a functioning ignition 26
interlock device installed on all motor vehicles operated by the 27
respondent, with proof of installation filed with the court by the 28
person or the certified interlock provider within five business days 29
from the date of the impaired driving protection order. The court 30
shall establish a specific alcohol set point at which the ignition 31
interlock will prevent the vehicle from being started;32
(b) Order the respondent to refrain from consuming any alcohol;33
(c) Order the respondent to stay away from bars or taverns;34
(d) Order the respondent to submit to alcohol monitoring through 35
an alcohol detection breathalyzer device, transdermal sensor device, 36
or other technology designed to detect alcohol in a person's system. 37
The respondent shall pay for the cost of the monitoring, unless the 38
court specifies that the cost of monitoring will be paid with funds 39
p. 29 HB 1426
that are available from an alternative source identified by the 1
court; 2
(e) Order the respondent to comply with 24/7 sobriety program 3
monitoring, as defined in RCW 36.28A.330; 4
(f) Order the respondent to obtain a substance use disorder 5
evaluation and to comply with the treatment recommendations; and6
(g) Order the respondent to participate in a minimum of two 7
meetings per week of an alcoholism self-help recovery support group.8
(2) If the respondent is required, as part of his or her 9
employment, to operate a vehicle that is owned by the respondent's 10
employer and that is exempt from the installation of an ignition 11
interlock device pursuant to RCW 46.20.720(6), the court shall 12
consider ordering the respondent to submit to alcohol monitoring 13
through an alcohol detection breathalyzer device, transdermal sensor 14
device, or other technology designed to detect alcohol in a person's 15
system. 16
(3) The court shall immediately notify the department of 17
licensing when an ignition interlock restriction is imposed on a 18
respondent as part of an impaired driving protection order. If the 19
court imposes an ignition interlock restriction, the department of 20
licensing shall attach or imprint a notation on the respondent's 21
driving record, stating that the respondent may operate only a motor 22
vehicle equipped with a functioning ignition interlock device.23
NEW SECTION. Sec. 12. A new section is added to chapter 7.105 24
RCW to read as follows: 25
(1) The clerk of the court shall enter an impaired driving 26
protection order issued under this chapter into a statewide judicial 27
information system on the same day such order is issued, if possible, 28
but no later than the next judicial day. 29
(2) A copy of an impaired driving protection order granted under 30
this chapter, must be forwarded immediately by the clerk of the 31
court, by electronic means if possible, to the law enforcement agency 32
specified in the order. Upon receipt of the order, the law 33
enforcement agency shall immediately enter the order into any 34
computer-based criminal intelligence information system available in 35
this state used by law enforcement agencies to list outstanding 36
warrants. The order must remain in the computer until the expiration 37
date specified on the order. Entry into the computer-based criminal 38
intelligence information system constitutes notice to all law 39
p. 30 HB 1426
enforcement agencies of the existence of the order. The order is 1
fully enforceable in any county in the state. 2
(3) The information entered into the computer-based criminal 3
intelligence information system must include notice to law 4
enforcement on whether the order was personally served, served by 5
electronic means, served by publication, or served by mail.6
(4) If a law enforcement agency receives an impaired driving 7
protection order for entry or service, but the order falls outside 8
the agency's jurisdiction, the agency may enter and serve the order 9
or may immediately forward it to the appropriate law enforcement 10
agency for entry and service, and shall provide documentation back to 11
the court verifying which law enforcement agency has entered and will 12
serve the order. 13
Sec. 13. RCW 7.105.405 and 2024 c 298 s 13 are each amended to 14
read as follows: 15
The following provisions apply to the renewal of all full 16
protection orders issued under this chapter, with the exception of 17
the renewal of extreme risk protection orders and impaired driving 18
protection orders. 19
(1) If the court grants a protection order for a fixed time 20
period, the petitioner may file a motion to renew the order at any 21
time within the 90 days before the order expires. The motion for 22
renewal must state the reasons the petitioner seeks to renew the 23
protection order. Upon receipt of a motion for renewal, the court 24
shall order a hearing, which must be not later than 14 days from the 25
date of the order. Service must be made on the respondent not less 26
than five judicial days before the hearing, as provided in RCW 27
7.105.150. 28
(2) If the motion for renewal is uncontested and the petitioner 29
seeks no modification of the order, the order may be renewed on the 30
basis of the petitioner's motion and statement of the reason for the 31
requested renewal. 32
(3) The petitioner bears no burden of proving that he or she has 33
a current reasonable fear of harm by the respondent.34
(4) The court shall grant the motion for renewal unless the 35
respondent proves by a preponderance of the evidence that there has 36
been a substantial change in circumstances and the following:37
(a) For a domestic violence protection order, that the respondent 38
proves that the respondent will not resume acts of domestic violence 39
p. 31 HB 1426
against the petitioner or the petitioner's family or household 1
members who are minors or vulnerable adults when the order expires;2
(b) For a sexual assault protection order, that the respondent 3
proves that the respondent will not engage in, or attempt to engage 4
in, physical or nonphysical contact, or acts of commercial sexual 5
exploitation, with the petitioner when the order expires;6
(c) For a stalking protection order, that the respondent proves 7
that the respondent will not resume acts of stalking against the 8
petitioner or the petitioner's family or household members when the 9
order expires; 10
(d) For a vulnerable adult protection order, that the respondent 11
proves that the respondent will not resume acts of abandonment, 12
abuse, financial exploitation, or neglect against the vulnerable 13
adult when the order expires; or 14
(e) For an antiharassment protection order, that the respondent 15
proves that the respondent will not resume harassment of the 16
petitioner when the order expires. 17
(5) In determining whether there has been a substantial change in 18
circumstances, the court may consider the following unweighted 19
factors, and no inference is to be drawn from the order in which the 20
factors are listed: 21
(a) Whether the respondent has committed or threatened sexual 22
assault; commercial sexual exploitation; domestic violence; stalking; 23
abandonment, abuse, financial exploitation, or neglect of a 24
vulnerable adult; or other harmful acts against the petitioner or any 25
other person since the protection order was entered;26
(b) Whether the respondent has violated the terms of the 27
protection order and the time that has passed since the entry of the 28
order; 29
(c) Whether the respondent has exhibited suicidal ideation or 30
attempts since the protection order was entered; 31
(d) Whether the respondent has been convicted of criminal 32
activity since the protection order was entered; 33
(e) Whether the respondent has either: Acknowledged 34
responsibility for acts of sexual assault, commercial sexual 35
exploitation, domestic violence, or stalking, or acts of abandonment, 36
abuse, financial exploitation, or neglect of a vulnerable adult, or 37
behavior that resulted in the entry of the protection order; or 38
successfully completed state-certified perpetrator treatment or 39
counseling since the protection order was entered;40
p. 32 HB 1426
(f) Whether the respondent has a continuing involvement with drug 1
or alcohol abuse, if such abuse was a factor in the protection order; 2
and 3
(g) Other factors relating to a substantial change in 4
circumstances. 5
(6) The court shall not deny a motion to renew a protection order 6
for any of the following reasons: 7
(a) The respondent has not violated the protection order 8
previously issued by the court; 9
(b) The petitioner or the respondent is a minor;10
(c) The petitioner did not report the conduct giving rise to the 11
protection order, or subsequent violations of the protection order, 12
to law enforcement; 13
(d) A no-contact order or a restraining order that restrains the 14
respondent's contact with the petitioner has been issued in a 15
criminal proceeding or in a domestic relations proceeding;16
(e) The relief sought by the petitioner may be available in a 17
different action or proceeding; 18
(f) The passage of time since the last incident of conduct giving 19
rise to the issuance of the protection order; or 20
(g) The respondent no longer lives near the petitioner.21
(7) The terms of the original protection order must not be 22
changed on a motion for renewal unless the petitioner has requested 23
the change. 24
(8) The court may renew the protection order for another fixed 25
time period of no less than one year, or may enter a permanent order 26
as provided in this section. 27
(9) If the protection order includes the parties' children, a 28
renewed protection order may be issued for more than one year, 29
subject to subsequent orders entered in a proceeding under chapter 30
26.09, 26.26A, or 26.26B RCW. 31
(10) The court may award court costs, service fees, and 32
reasonable attorneys' fees to the petitioner as provided in RCW 33
7.105.310. 34
(11) If the court declines to renew the protection order, the 35
court shall state, in writing in the order, the particular reasons 36
for the court's denial. If the court declines to renew a protection 37
order that had restrained the respondent from having contact with 38
children protected by the order, the court shall determine on the 39
record whether the respondent and the children should undergo 40
p. 33 HB 1426
reunification therapy. Any reunification therapy provider should be 1
made aware of the respondent's history of domestic violence and 2
should have training and experience in the dynamics of intimate 3
partner violence. 4
(12) In determining whether there has been a substantial change 5
in circumstances for respondents under the age of 18, or in 6
determining the appropriate duration for an order, the court shall 7
consider the circumstances surrounding the respondent's youth at the 8
time of the initial behavior alleged in the petition for a protection 9
order. The court shall consider developmental factors, including the 10
impact of time of a youth's development, and any information the 11
minor respondent presents about his or her personal progress or 12
change in circumstances. 13
NEW SECTION. Sec. 14. A new section is added to chapter 7.105 14
RCW to read as follows: 15
The following provisions apply to the renewal of impaired driving 16
protection orders. 17
(1) The court must notify the petitioner of the impending 18
expiration of the impaired driving protection order. Notice must be 19
received by the petitioner 105 calendar days before the date the 20
order expires. 21
(2) The petitioner may by motion request a renewal of the 22
impaired driving protection order at any time within 90 days before 23
the expiration of the order. 24
(a) Upon receipt of the motion to renew, the court shall order 25
that a hearing be held not later than 14 days from the date the order 26
issues. 27
(b) In determining whether to renew an impaired driving 28
protection order issued under this section, the court shall consider 29
all relevant evidence presented by the petitioner and follow the same 30
procedure as provided in section 5 of this act. 31
(c) If the court finds by a preponderance of the evidence that 32
the requirements for the issuance of an impaired driving protection 33
order as provided in section 5 of this act continue to be met, the 34
court shall renew the order. However, if, after notice, the motion 35
for renewal is uncontested and the petitioner seeks no modification 36
of the order, the order may be renewed on the basis of the 37
petitioner's motion and statement of the reason for the requested 38
renewal. 39
p. 34 HB 1426
(d) The renewal of an impaired driving protection order has a 1
duration of one year, subject to termination as provided in section 2
16 of this act or further renewal by order of the court.3
NEW SECTION. Sec. 15. A new section is added to chapter 7.105 4
RCW to read as follows: 5
(1) Any person who files a petition for an impaired driving 6
protection order knowing the information in such petition to be 7
materially false, or with the intent to harass the respondent, is 8
guilty of a gross misdemeanor. 9
(2)(a) Except as provided in (b) of this subsection, any person 10
who has knowledge that he or she is subject to an impaired driving 11
protection order and who drives or has physical control of a motor 12
vehicle while out of compliance with any requirement of the impaired 13
driving protection order, is guilty of a gross misdemeanor. The 14
sentencing court shall consider extending the provisions of the 15
existing impaired driving protection order for a period of five years 16
from the date the existing order expires. 17
(b) Any person who has two or more previous convictions for 18
violating an impaired driving protection order issued under this 19
chapter is guilty of a class C felony. 20
NEW SECTION. Sec. 16. A new section is added to chapter 7.105 21
RCW to read as follows: 22
The following applies to modification and termination of impaired 23
driving protection orders: 24
(1) The respondent may submit one written request for a hearing 25
to modify or terminate an impaired driving protection order issued 26
under this chapter every 12-month period that the order is in effect, 27
starting from the date of the order and continuing through any 28
renewals. 29
(2) Upon receipt of the request for a hearing to modify or 30
terminate an impaired driving protection order, the court shall set a 31
date for a hearing. The hearing must occur no sooner than 14 days and 32
no later than 30 days from the date of service of the request upon 33
the petitioner. 34
(3) The respondent shall have the burden of proving by a 35
preponderance of the evidence that there has been a substantial 36
change in circumstances such that the respondent no longer poses a 37
significant danger of causing personal injury to self or others by 38
p. 35 HB 1426
driving or having physical control of a motor vehicle while under the 1
influence of intoxicating liquor. In determining whether there has 2
been a substantial change in circumstances, the court may consider 3
any relevant evidence, including evidence of the considerations 4
listed in section 5 of this act and any additional evidence submitted 5
by the respondent, including: 6
(a) A declaration from the respondent's ignition interlock device 7
vendor that there have been none of the following incidents for the 8
duration of the impaired driving protection order: 9
(i) Any attempt to start the vehicle with a breath alcohol 10
concentration at levels that exceed the specific alcohol set point 11
established by the court in the impaired driving protection order, 12
unless a subsequent test performed within 10 minutes registers a 13
breath alcohol concentration below the specific alcohol set point and 14
the digital image confirms the respondent provided both samples;15
(ii) Failure to take any random test unless a review of the 16
digital image confirms that the vehicle was not occupied by the 17
respondent at the time of the missed test; 18
(iii) Failure to pass any random retest with a breath alcohol 19
concentration of lower than the specific alcohol set point 20
established by the court in the impaired driving protection order, 21
unless a subsequent test performed within 10 minutes registers a 22
breath alcohol concentration lower than the specific alcohol set 23
point established by the court in the impaired driving protection 24
order, and the digital image confirms the respondent provided both 25
samples; 26
(iv) Failure of the respondent to appear at the ignition 27
interlock device vendor when required for maintenance, repair, 28
calibration, monitoring, inspection, or replacement of the device; or29
(v) Removal of the ignition interlock device by a person other 30
than an ignition interlock technician certified by the Washington 31
state patrol; 32
(b) A declaration dated within 60 days of the expiration of the 33
impaired driving protection order from the respondent's ignition 34
interlock device vendor that the ignition interlock device was 35
inspected by an ignition interlock technician certified by the 36
Washington state patrol and no evidence was found that the device was 37
tampered with in the manner described in RCW 46.20.750;38
(c) Evidence of compliance with 24/7 sobriety program monitoring;39
p. 36 HB 1426
(d) A declaration from the respondent's alcohol monitoring device 1
vendor that for the duration of the impaired driving protection 2
order, the respondent has no confirmed consumption of alcohol and no 3
confirmed attempt to tamper or circumvent testing; 4
(e) Evidence of completion of a substance use disorder evaluation 5
and any recommended treatment; and 6
(f) Evidence of regular and continued attendance at meetings of 7
an alcoholism self-help recovery support group. 8
(4) If the court finds after the hearing that the respondent has 9
met his or her burden, the court shall modify or terminate the order.10
(5) If the court authorizes removal of an ignition interlock 11
restriction imposed under this chapter, the court shall immediately 12
notify the department of licensing regarding the lifting of the 13
ignition interlock restriction and the department of licensing shall 14
release any attachment, imprint, or notation on such person's driving 15
record relating to the ignition interlock requirement imposed under 16
this chapter. 17
Sec. 17. RCW 7.105.550 and 2021 c 215 s 65 are each amended to 18
read as follows: 19
(1)(a) Any order available under this chapter, other than an 20
extreme risk protection order or an impaired driving protection 21
order, may be issued in actions under chapter 13.32A, 26.09, 26.26A, 22
or 26.26B RCW. If a protection order is issued in an action under 23
chapter 13.32A, 26.09, 26.26A, or 26.26B RCW, the order must be 24
issued on the forms mandated by RCW 7.105.115. An order issued in 25
accordance with this subsection (1)(a) is fully enforceable and must 26
be enforced under the provisions of this chapter. 27
(b) If a party files an action under chapter 13.32A, 26.09, 28
26.26A, or 26.26B RCW, an order issued previously under this chapter 29
between the same parties may be consolidated by the court under that 30
action and cause number. Any order issued under this chapter after 31
consolidation must contain the original cause number and the cause 32
number of the action under chapter 13.32A, 26.09, 26.26A, or 26.26B 33
RCW. 34
(2) Nothing in chapter 215, Laws of 2021 affects the validity of 35
protection orders issued prior to July 1, 2022, under chapter 74.34 36
RCW or any of the former chapters 7.90, 7.92, 7.94, 10.14, and 26.50 37
RCW. Protection orders entered prior to July 1, 2022, under chapter 38
74.34 RCW or any of the former chapters 7.90, 7.92, 7.94, 10.14, and 39
p. 37 HB 1426
26.50 RCW are subject to the provisions of chapter 215, Laws of 2021 1
and are fully enforceable under the applicable provisions of RCW 2
7.105.450 through 7.105.470 and may be modified or terminated in 3
accordance with the applicable provisions of RCW 7.105.500 through 4
((7.105.550)) 7.105.515. 5
Sec. 18. RCW 46.20.720 and 2020 c 330 s 10 are each amended to 6
read as follows: 7
(1) Ignition interlock restriction. The department shall require 8
that a person may drive only a motor vehicle equipped with a 9
functioning ignition interlock device: 10
(a) Pretrial release. Upon receipt of notice from a court that an 11
ignition interlock device restriction has been imposed under RCW 12
10.21.055; 13
(b) Ignition interlock driver's license. As required for issuance 14
of an ignition interlock driver's license under RCW 46.20.385;15
(c) Deferred prosecution. Upon receipt of notice from a court 16
that the person is participating in a deferred prosecution program 17
under RCW 10.05.020 for a violation of: 18
(i) RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; 19
or 20
(ii) RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance 21
if the person would be required under RCW 46.61.5249(4) or 22
46.61.500(3) (a) or (b) to install an ignition interlock device on 23
all vehicles operated by the person in the event of a conviction;24
(d) Post conviction. After any applicable period of mandatory 25
suspension, revocation, or denial of driving privileges, or upon 26
fulfillment of day-for-day credit under RCW 46.61.5055(9)(b)(ii) for 27
a suspension, revocation, or denial of driving privileges:28
(i) Due to a conviction of a violation of RCW 46.61.502 or 29
46.61.504 or an equivalent local or out-of-state statute or 30
ordinance; or 31
(ii) Due to a conviction of a violation of RCW 46.61.5249 or 32
46.61.500 or an equivalent local ordinance if the person is required 33
under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an 34
ignition interlock device on all vehicles operated by the person; 35
((or))36
(e) Court order. Upon receipt of an order by a court having 37
jurisdiction that a person charged or convicted of any offense 38
involving the use, consumption, or possession of alcohol while 39
p. 38 HB 1426
operating a motor vehicle may drive only a motor vehicle equipped 1
with a functioning ignition interlock. The court shall establish a 2
specific alcohol set point at which the ignition interlock will 3
prevent the vehicle from being started. The court shall also 4
establish the period of time for which ignition interlock use will be 5
required; or6
(f) Impaired driving civil protection order . Upon receipt of an 7
order by a court having jurisdiction that an ignition interlock 8
restriction has been imposed as part of an impaired driving 9
protection order issued under chapter 7.105 RCW. 10
(2) Alcohol set point. Unless otherwise specified by the court 11
for a restriction imposed under subsection (1)(e) of this section, 12
the ignition interlock device shall have an alcohol set point that 13
prevents the motor vehicle from being started when the breath sample 14
provided has an alcohol concentration of 0.020 or more.15
(3) Duration of restriction. A restriction imposed under:16
(a) Subsection (1)(a) of this section shall remain in effect 17
until: 18
(i) The court has authorized the removal of the device under RCW 19
10.21.055; or 20
(ii) The department has imposed a restriction under subsection 21
(1)(b), (c), or (d) of this section arising out of the same incident.22
(b) Subsection (1)(b) of this section remains in effect during 23
the validity of any ignition interlock driver's license that has been 24
issued to the person. 25
(c) Subsection (1)(c)(i) or (d)(i) of this section shall be for 26
no less than: 27
(i) For a person who has not previously been restricted under 28
this subsection, a period of one year; 29
(ii) For a person who has previously been restricted under (c)(i) 30
of this subsection, a period of five years; 31
(iii) For a person who has previously been restricted under 32
(c)(ii) of this subsection, a period of ten years.33
The restriction of a person who is convicted of a violation of 34
RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and who 35
committed the offense while one or more passengers under the age of 36
sixteen were in the vehicle shall be extended for an additional 37
period as required by RCW 46.61.5055(6)(a). 38
(d) Subsection (1)(c)(ii) or (d)(ii) of this section shall be for 39
a period of no less than six months. 40
p. 39 HB 1426
(e) The period of restriction under (c) or (d) of this subsection 1
shall be extended by one hundred eighty days whenever the department 2
receives notice that the restricted person has been convicted under 3
RCW 46.20.740 or 46.20.750. If the period of restriction under (c) or 4
(d) of this subsection has been fulfilled and cannot be extended, the 5
department must add a new one hundred eighty-day restriction that is 6
imposed from the date of conviction and is subject to the 7
requirements for removal under subsection (4) of this section.8
(f) Subsection (1)(e) or (f) of this section shall remain in 9
effect for the period of time specified by the court.10
(g) The period of restriction under (c) and (d) of this 11
subsection based on incidents occurring on or after June 9, 2016, 12
must be tolled for any period in which the person does not have an 13
ignition interlock device installed on a vehicle owned or operated by 14
the person unless the person receives a determination from the 15
department that the person is unable to operate an ignition interlock 16
device due to a physical disability. The department's determination 17
that a person is unable to operate an ignition interlock device must 18
be reasonable and be based upon good and substantial evidence. This 19
determination is subject to review by a court of competent 20
jurisdiction. The department may charge a person seeking a medical 21
exemption under this subsection a reasonable fee for the assessment.22
(4) Requirements for removal. A restriction imposed under 23
subsection (1)(c) or (d) of this section shall remain in effect until 24
the department receives a declaration from the person's ignition 25
interlock device vendor, in a form provided or approved by the 26
department, certifying the following: 27
(a) That there have been none of the following incidents in the 28
one hundred eighty consecutive days prior to the date of release:29
(i) Any attempt to start the vehicle with a breath alcohol 30
concentration of 0.04 or more unless a subsequent test performed 31
within ten minutes registers a breath alcohol concentration lower 32
than 0.04 and the digital image confirms the same person provided 33
both samples; 34
(ii) Failure to take any random test unless a review of the 35
digital image confirms that the vehicle was not occupied by the 36
driver at the time of the missed test; 37
(iii) Failure to pass any random retest with a breath alcohol 38
concentration of lower than 0.020 unless a subsequent test performed 39
within ten minutes registers a breath alcohol concentration lower 40
p. 40 HB 1426
than 0.020, and the digital image confirms the same person provided 1
both samples; 2
(iv) Failure of the person to appear at the ignition interlock 3
device vendor when required for maintenance, repair, calibration, 4
monitoring, inspection, or replacement of the device; or5
(v) Removal of the ignition interlock device by a person other 6
than an ignition interlock technician certified by the Washington 7
state patrol; and 8
(b) That the ignition interlock device was inspected at the 9
conclusion of the one hundred eighty-day period by an ignition 10
interlock technician certified by the Washington state patrol and no 11
evidence was found that the device was tampered with in the manner 12
described in RCW 46.20.750. 13
(5) Day-for-day credit. (a) The time period during which a person 14
has an ignition interlock device installed in order to meet the 15
requirements of subsection (1)(b) of this section shall apply on a 16
day-for-day basis toward satisfying the period of time the ignition 17
interlock device restriction is imposed under subsection (1)(c) or 18
(d) of this section arising out of the same incident.19
(b) The department must also give the person a day-for-day credit 20
for any time period, beginning from the date of the incident, during 21
which the person kept an ignition interlock device installed on all 22
vehicles the person operates, other than those subject to the 23
employer exemption under subsection (6) of this section.24
(c) If the day-for-day credit granted under this subsection 25
equals or exceeds the period of time the ignition interlock device 26
restriction is imposed under subsection (1)(c) or (d) of this section 27
arising out of the same incident, and the person has already met the 28
requirements for removal of the device under subsection (4) of this 29
section, the department may waive the requirement that a device be 30
installed or that the person again meet the requirements for removal.31
(6) Employer exemption. (a) Except as provided in (b) of this 32
subsection, the installation of an ignition interlock device is not 33
necessary on vehicles owned, leased, or rented by a person's employer 34
and on those vehicles whose care and/or maintenance is the temporary 35
responsibility of the employer, and driven at the direction of a 36
person's employer as a requirement of employment during working 37
hours. The person must provide the department with a declaration 38
pursuant to chapter 5.50 RCW from his or her employer stating that 39
the person's employment requires the person to operate a vehicle 40
p. 41 HB 1426
owned by the employer or other persons during working hours. When the 1
department receives a declaration under this subsection, it shall 2
attach or imprint a notation on the person's driving record stating 3
that the employer exemption applies. 4
(b) The employer exemption does not apply when the employer's 5
vehicle is assigned exclusively to the restricted driver and used 6
solely for commuting to and from employment. 7
(7) Ignition interlock device revolving account. In addition to 8
any other costs associated with the use of an ignition interlock 9
device imposed on the person restricted under this section, the 10
person shall pay an additional fee of twenty-one dollars per month. 11
Payments must be made directly to the ignition interlock company. The 12
company shall remit the additional fee to the department to be 13
deposited into the ignition interlock device revolving account, 14
except that the company may retain twenty-five cents per month of the 15
additional fee to cover the expenses associated with administering 16
the fee. The department may waive the monthly fee if the person is 17
indigent under RCW 10.101.010. 18
(8) Foreign jurisdiction. For a person restricted under this 19
section who is residing outside of the state of Washington, the 20
department may accept verification of installation of an ignition 21
interlock device by an ignition interlock company authorized to do 22
business in the jurisdiction in which the person resides, provided 23
the device meets any applicable requirements of that jurisdiction. 24
The department may waive one or more requirements for removal under 25
subsection (4) of this section if compliance with the requirement or 26
requirements would be impractical in the case of a person residing in 27
another jurisdiction, provided the person is in compliance with any 28
equivalent requirement of that jurisdiction. The department may waive 29
the monthly fee required by subsection (7) of this section if 30
collection of the fee would be impractical in the case of a person 31
residing in another jurisdiction. 32
Sec. 19. RCW 46.20.720 and 2024 c 306 s 28 are each amended to 33
read as follows: 34
(1) Ignition interlock restriction. The department shall require 35
that a person may drive only a motor vehicle equipped with a 36
functioning ignition interlock device: 37
p. 42 HB 1426
(a) Pretrial release. Upon receipt of notice from a court that an 1
ignition interlock device restriction has been imposed under RCW 2
10.21.055; 3
(b) Ignition interlock driver's license. As required for issuance 4
of an ignition interlock driver's license under RCW 46.20.385;5
(c) Deferred prosecution. Upon receipt of notice from a court 6
that the person is participating in a deferred prosecution program 7
under RCW 10.05.020 for a violation of: 8
(i) RCW 46.61.502 or 46.61.504 or an equivalent local ordinance; 9
or 10
(ii) RCW 46.61.5249 or 46.61.500 or an equivalent local ordinance 11
if the person would be required under RCW 46.61.5249(4) or 12
46.61.500(3) (a) or (b) to install an ignition interlock device on 13
all vehicles operated by the person in the event of a conviction;14
(d) Post conviction. After any applicable period of mandatory 15
suspension, revocation, or denial of driving privileges, or upon 16
fulfillment of day-for-day credit under RCW 46.61.5055(9)(b)(ii) for 17
a suspension, revocation, or denial of driving privileges:18
(i) Due to a conviction of a violation of RCW 46.61.502 or 19
46.61.504 or an equivalent local or out-of-state statute or 20
ordinance; or 21
(ii) Due to a conviction of a violation of RCW 46.61.5249 or 22
46.61.500 or an equivalent local ordinance if the person is required 23
under RCW 46.61.5249(4) or 46.61.500(3) (a) or (b) to install an 24
ignition interlock device on all vehicles operated by the person; 25
((or))26
(e) Court order. Upon receipt of an order by a court having 27
jurisdiction that a person charged or convicted of any offense 28
involving the use, consumption, or possession of alcohol while 29
operating a motor vehicle may drive only a motor vehicle equipped 30
with a functioning ignition interlock. The court shall establish a 31
specific alcohol set point at which the ignition interlock will 32
prevent the vehicle from being started. The court shall also 33
establish the period of time for which ignition interlock use will be 34
required; or35
(f) Impaired driving civil protection order . Upon receipt of an 36
order by a court having jurisdiction that an ignition interlock 37
restriction has been imposed as part of an impaired driving 38
protection order issued under chapter 7.105 RCW. 39
p. 43 HB 1426
(2) Alcohol set point. Unless otherwise specified by the court 1
for a restriction imposed under subsection (1)(e) of this section, 2
the ignition interlock device shall have an alcohol set point that 3
prevents the motor vehicle from being started when the breath sample 4
provided has an alcohol concentration of 0.020 or more.5
(3) Duration of restriction. A restriction imposed under:6
(a) Subsection (1)(a) of this section shall remain in effect 7
until: 8
(i) The court has authorized the removal of the device under RCW 9
10.21.055; or 10
(ii) The department has imposed a restriction under subsection 11
(1)(b), (c), or (d) of this section arising out of the same incident.12
(b) Subsection (1)(b) of this section remains in effect during 13
the validity of any ignition interlock driver's license that has been 14
issued to the person. 15
(c) Subsection (1)(c)(i) or (d)(i) of this section shall be for 16
no less than: 17
(i) For a person who has not previously been restricted under 18
this subsection, a period of one year; 19
(ii) For a person who has previously been restricted under (c)(i) 20
of this subsection, a period of five years; 21
(iii) For a person who has previously been restricted under 22
(c)(ii) of this subsection, a period of 10 years. 23
The restriction of a person who is convicted of a violation of 24
RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and who 25
committed the offense while one or more passengers under the age of 26
16 were in the vehicle shall be extended for an additional period as 27
required by RCW 46.61.5055(6)(a). 28
For purposes of determining a period of restriction for a person 29
restricted pursuant to a conviction under (d) of this subsection, a 30
restriction based on a deferred prosecution under subsection (1)(c) 31
of this section arising out of the same incident is not considered a 32
prior restriction for purposes of this subsection.33
(d) Subsection (1)(c)(ii) or (d)(ii) of this section shall be for 34
a period of no less than six months. 35
(e) The period of restriction under (c) or (d) of this subsection 36
shall be extended by 180 days whenever the department receives notice 37
that the restricted person has been convicted under RCW 46.20.740 or 38
46.20.750. If the period of restriction under (c) or (d) of this 39
subsection has been fulfilled and cannot be extended, the department 40
p. 44 HB 1426
must add a new 180-day restriction that is imposed from the date of 1
conviction and is subject to the requirements for removal under 2
subsection (4) of this section. 3
(f) Subsection (1)(e) and (f) of this section shall remain in 4
effect for the period of time specified by the court.5
(g) The period of restriction under (c) and (d) of this 6
subsection based on incidents occurring on or after June 9, 2016, 7
must be tolled for any period in which the person does not have an 8
ignition interlock device installed on a vehicle owned or operated by 9
the person unless the person receives a determination from the 10
department that the person is unable to operate an ignition interlock 11
device due to a physical disability. For all drivers restricted under 12
this section with incidents and restriction start dates prior to June 13
9, 2016, a driver may apply to waive the restriction by applying for 14
a determination from the department that the person is unable to 15
operate an ignition interlock device due to a physical disability. 16
The department's determination that a person is unable to operate an 17
ignition interlock device must be reasonable and be based upon good 18
and substantial evidence. This determination is subject to review by 19
a court of competent jurisdiction. The department may charge a person 20
seeking a medical exemption under this subsection a reasonable fee 21
for the assessment. 22
(4) Requirements for removal. A restriction imposed under 23
subsection (1)(c) or (d) of this section shall remain in effect until 24
the department receives a declaration from the person's ignition 25
interlock device vendor, in a form provided or approved by the 26
department, certifying the following: 27
(a) That there have been none of the following incidents in the 28
180 consecutive days prior to the date of release:29
(i) Any attempt to start the vehicle with a breath alcohol 30
concentration of 0.04 or more unless a subsequent test performed 31
within 10 minutes registers a breath alcohol concentration lower than 32
0.04 and the digital image confirms the same person provided both 33
samples; 34
(ii) Failure to take any random test unless a review of the 35
digital image confirms that the vehicle was not occupied by the 36
driver at the time of the missed test; 37
(iii) Failure to pass any random retest with a breath alcohol 38
concentration of lower than 0.020 unless a subsequent test performed 39
within 10 minutes registers a breath alcohol concentration lower than 40
p. 45 HB 1426
0.020, and the digital image confirms the same person provided both 1
samples; 2
(iv) Failure of the person to appear at the ignition interlock 3
device vendor when required for maintenance, repair, calibration, 4
monitoring, inspection, or replacement of the device; or5
(v) Removal of the ignition interlock device by a person other 6
than an ignition interlock technician certified by the Washington 7
state patrol; and 8
(b) That the ignition interlock device was inspected at the 9
conclusion of the 180-day period by an ignition interlock technician 10
certified by the Washington state patrol and no evidence was found 11
that the device was tampered with in the manner described in RCW 12
46.20.750. 13
(5) Day-for-day credit. (a) The time period during which a person 14
has an ignition interlock device installed in order to meet the 15
requirements of subsection (1)(b) of this section shall apply on a 16
day-for-day basis toward satisfying the period of time the ignition 17
interlock device restriction is imposed under subsection (1)(c) or 18
(d) of this section arising out of the same incident.19
(b) The department must also give the person a day-for-day credit 20
for any time period, beginning from the date of the incident, during 21
which the person kept an ignition interlock device installed on all 22
vehicles the person operates, other than those subject to the 23
employer exemption under subsection (6) of this section.24
(c) If the day-for-day credit granted under this subsection 25
equals or exceeds the period of time the ignition interlock device 26
restriction is imposed under subsection (1)(c) or (d) of this section 27
arising out of the same incident, and the person has already met the 28
requirements for removal of the device under subsection (4) of this 29
section, the department may waive the requirement that a device be 30
installed or that the person again meet the requirements for removal.31
(6) Employer exemption. (a) Except as provided in (b) of this 32
subsection, the installation of an ignition interlock device is not 33
necessary on vehicles owned, leased, or rented by a person's employer 34
and on those vehicles whose care and/or maintenance is the temporary 35
responsibility of the employer, and driven at the direction of a 36
person's employer as a requirement of employment during working 37
hours. The person must provide the department with a declaration 38
pursuant to chapter 5.50 RCW from his or her employer stating that 39
the person's employment requires the person to operate a vehicle 40
p. 46 HB 1426
owned by the employer or other persons during working hours. When the 1
department receives a declaration under this subsection, it shall 2
attach or imprint a notation on the person's driving record stating 3
that the employer exemption applies. 4
(b) The employer exemption does not apply when the employer's 5
vehicle is assigned exclusively to the restricted driver and used 6
solely for commuting to and from employment. 7
(c) The employer exemption does not apply to a person who is 8
self-employed unless the person's vehicle is used exclusively for the 9
person's employment. 10
(7) Ignition interlock device revolving account. In addition to 11
any other costs associated with the use of an ignition interlock 12
device imposed on the person restricted under this section, the 13
person shall pay an additional fee of $21 per month. Payments must be 14
made directly to the ignition interlock company. The company shall 15
remit the additional fee to the department to be deposited into the 16
ignition interlock device revolving account, except that the company 17
may retain 25 cents per month of the additional fee to cover the 18
expenses associated with administering the fee. The department may 19
waive the monthly fee if the person is indigent under RCW 10.101.010.20
(8) Foreign jurisdiction. For a person restricted under this 21
section who is residing outside of the state of Washington, the 22
department may accept verification of installation of an ignition 23
interlock device by an ignition interlock company authorized to do 24
business in the jurisdiction in which the person resides, provided 25
the device meets any applicable requirements of that jurisdiction. 26
The department may waive one or more requirements for removal under 27
subsection (4) of this section if compliance with the requirement or 28
requirements would be impractical in the case of a person residing in 29
another jurisdiction, provided the person is in compliance with any 30
equivalent requirement of that jurisdiction. The department may waive 31
the monthly fee required by subsection (7) of this section if 32
collection of the fee would be impractical in the case of a person 33
residing in another jurisdiction. 34
NEW SECTION. Sec. 20. A new section is added to chapter 43.101 35
RCW to read as follows: 36
(1) By July 1, 2026, the commission shall develop training for 37
law enforcement personnel regarding impaired driving protection 38
orders under chapter 7.105 RCW. The training must include information 39
p. 47 HB 1426
on the appropriate use of impaired driving protection orders by a law 1
enforcement agency to prevent alcohol-impaired driving and the relief 2
available under an impaired driving protection order. The training 3
must also include information regarding the circumstances in which a 4
peace officer may conduct a lawful motor vehicle stop based 5
exclusively or primarily on a third-party report that a driver is 6
driving the vehicle or has physical control of the vehicle while 7
under the influence of intoxicating liquor. 8
(2) By July 1, 2027, every peace officer currently employed by a 9
state, county, or municipal law enforcement agency shall complete the 10
training specified in subsection (1) of this section.11
(3) Beginning July 1, 2027, every new peace officer employed by a 12
state, county, or municipal law enforcement agency shall complete the 13
training specified in subsection (1) of this section within six 14
months of employment. 15
Sec. 21. RCW 36.28A.300 and 2014 c 221 s 912 are each amended to 16
read as follows: 17
There is created a 24/7 sobriety program to be administered by 18
the criminal justice training commission in conjunction with the 19
Washington association of sheriffs and police chiefs. The program 20
shall coordinate efforts among various local government entities for 21
the purpose of implementing alternatives to incarceration for 22
offenders convicted under RCW 46.61.502 or 46.61.504 with one or more 23
prior convictions under RCW 46.61.502 or 46.61.504, and facilitating 24
compliance with impaired driving protection orders under chapter 25
7.105 RCW. 26
Sec. 22. RCW 36.28A.330 and 2015 2nd sp.s. c 3 s 17 are each 27
amended to read as follows: 28
The definitions in this section apply throughout RCW 36.28A.300 29
through 36.28A.390 unless the context clearly requires otherwise.30
(1) "24/7 sobriety program" means a program in which a 31
participant submits to testing of the participant's blood, breath, 32
urine, or other bodily substance to determine the presence of alcohol 33
or any drug as defined in RCW 46.61.540. Testing must take place at a 34
location or locations designated by the participating agency, or, 35
with the concurrence of the Washington association of sheriffs and 36
police chiefs, by an alternate method. 37
(2) "Participant" means ((a)):38
p. 48 HB 1426
(a) A person who has been charged with or convicted of a 1
violation of RCW 46.61.502, 46.61.504, or those crimes listed in RCW 2
46.61.5055(14), in which the use of alcohol or drugs as defined in 3
RCW 46.61.540 was a contributing factor in the commission of the 4
crime and who has been ordered by a court to participate in the 24/7 5
sobriety program; or6
(b) A person who has been ordered by a court to participate in 7
the 24/7 sobriety program as part of an impaired driving protection 8
order under chapter 7.105 RCW. 9
(3) "Participating agency" means any entity located in the state 10
of Washington that has a written agreement with the Washington 11
association of sheriffs and police chiefs to participate in the 24/7 12
sobriety program, and includes, but is not limited to, a sheriff, a 13
police chief, any other local, regional, or state corrections or 14
probation entity, and any other entity designated by a sheriff, 15
police chief, or any other local, regional, or state corrections or 16
probation entity to perform testing in the 24/7 sobriety program.17
(4) "Participation agreement" means a written document executed 18
by a participant agreeing to participate in the 24/7 sobriety program 19
in a form approved by the Washington association of sheriffs and 20
police chiefs that contains the following information:21
(a) The type, frequency, and time period of testing;22
(b) The location of testing; 23
(c) The fees and payment procedures required for testing; and24
(d) The responsibilities and obligations of the participant under 25
the 24/7 sobriety program. 26
Sec. 23. RCW 36.28A.390 and 2016 c 203 s 19 are each amended to 27
read as follows: 28
(1) A general authority Washington peace officer, as defined in 29
RCW 10.93.020, who has probable cause to believe that a participant 30
has violated the terms of participation in the 24/7 sobriety program 31
may immediately take the participant into custody and cause him or 32
her to be held until an appearance before a judge on the next 33
judicial day. 34
(2) A participant who violates the terms of participation in the 35
24/7 sobriety program or does not pay the required fees or associated 36
costs pretrial or posttrial shall, at a minimum: 37
(a) Receive a written warning notice for a first violation;38
p. 49 HB 1426
(b) Serve a minimum of one day imprisonment for a second 1
violation; 2
(c) Serve a minimum of three ((days['])) days' imprisonment for a 3
third violation; 4
(d) Serve a minimum of five ((days['])) days' imprisonment for a 5
fourth violation; and 6
(e) Serve a minimum of seven ((days['])) days' imprisonment for a 7
fifth or subsequent violation. 8
(3) The court may remove a participant from the 24/7 sobriety 9
program at any time for noncompliance with the terms of 10
participation. If a participant is removed from the 24/7 sobriety 11
program, the court shall send written notice to the department of 12
licensing within five business days. 13
(4) This section does not apply to a person whose participation 14
in the 24/7 sobriety program is required based solely on an impaired 15
driving protection order issued against the person under chapter 16
7.105 RCW.17
Sec. 24. RCW 7.105.105 and 2022 c 268 s 6 are each amended to 18
read as follows: 19
The following apply to all petitions for protection orders under 20
this chapter. 21
(1)(a) By January 1, 2023, county clerks on behalf of all 22
superior courts and, by January 1, 2026, all courts of limited 23
jurisdiction, must permit petitions for protection orders and all 24
other filings in connection with the petition to be submitted as 25
preferred by the petitioner either: (i) In person; (ii) remotely 26
through an electronic submission process; or (iii) by mail for 27
persons who are incarcerated or who are otherwise unable to file in 28
person or remotely through an electronic system. The court or clerk 29
must make available electronically to judicial officers any 30
protection orders filed within the state. Judicial officers may not 31
be charged for access to such documents. The electronic submission 32
system must allow for petitions for protection orders and supportive 33
documents to be submitted at any time of the day. When a petition and 34
supporting documents for a protection order are submitted to the 35
clerk after business hours, they must be processed as soon as 36
possible on the next judicial day. Petitioners and respondents should 37
not incur additional charges for electronic submission for petitions 38
and documents filed pursuant to this section. 39
p. 50 HB 1426
(b) By January 1, 2023, all superior courts' systems and, by 1
January 1, 2026, all limited jurisdiction courts' systems, should 2
allow for the petitioner to electronically track the progress of the 3
petition for a protection order. Notification may be provided by text 4
messaging or email, and should provide reminders of court appearances 5
and alert the petitioner when the following occur: (i) The petition 6
has been processed and is under review by a judicial officer; (ii) 7
the order has been signed; (iii) the order has been transmitted to 8
law enforcement for entry into the Washington crime information 9
center system; (iv) proof of service upon the respondent has been 10
filed with the court or clerk; (v) a receipt for the surrender of 11
firearms has been filed with the court or clerk; and (vi) the 12
respondent has filed a motion for the release of surrendered 13
firearms. Respondents, once served, should be able to sign up for 14
similar electronic notification. Petitioners and respondents should 15
not be charged for electronic notification. 16
(2) The petition must be accompanied by a confidential document 17
to be used by the courts and law enforcement to fully identify the 18
parties and serve the respondent. This record will be exempt from 19
public disclosure at all times, and restricted access to this form is 20
governed by general rule 22 provisions governing access to the 21
confidential information form. The petitioner is required to fill out 22
the confidential party information form to the petitioner's fullest 23
ability. The respondent should be provided a blank confidential party 24
information form at the time of service, and when the respondent 25
first appears, the respondent must confirm with the court the 26
respondent's identifying and current contact information, including 27
electronic means of contact, and file this with the court.28
(3) A petition must be accompanied by a declaration signed under 29
penalty of perjury stating the specific facts and circumstances for 30
which relief is sought. Parties, attorneys, and witnesses may 31
electronically sign sworn statements in all filings.32
(4) The petitioner and the respondent must disclose the existence 33
of any other litigation or of any other restraining, protection, or 34
no-contact orders between the parties, to the extent that such 35
information is known by the petitioner and the respondent. To the 36
extent possible, the court shall take judicial notice of any existing 37
restraining, protection, or no-contact orders between the parties 38
before entering a protection order. The court shall not include 39
provisions in a protection order that would allow the respondent to 40
p. 51 HB 1426
engage in conduct that is prohibited by another restraining, 1
protection, or no-contact order between the parties that was entered 2
in a different proceeding. The obligation to disclose the existence 3
of any other litigation includes, but is not limited to, the 4
existence of any other litigation concerning the custody or 5
residential placement of a child of the parties as set forth in RCW 6
26.27.281. The court administrator shall verify for the court the 7
terms of any existing protection order governing the parties.8
(5) The petition may be made regardless of whether or not there 9
is a pending lawsuit, complaint, petition, or other action between 10
the parties, except in cases where the court has realigned the 11
parties in accordance with RCW 7.105.210. 12
(6) Relief under this chapter must not be denied or delayed on 13
the grounds that the relief is available in another action. The court 14
shall not defer acting on a petition for a protection order nor grant 15
a petitioner less than the full relief that the petitioner is 16
otherwise entitled to under this chapter because there is, or could 17
be, another proceeding involving the parties including, but not 18
limited to, any potential or pending family law matter or criminal 19
matter. 20
(7) A person's right to petition for relief under this chapter is 21
not affected by the person leaving his or her residence or household.22
(8) A petitioner is not required to post a bond to obtain relief 23
in any proceeding for a protection order. 24
(9)(a) No fees for service of process may be charged by a court 25
or any public agency to petitioners seeking relief under this 26
chapter. Except as provided in (b) of this subsection, courts may not 27
charge petitioners any fees or surcharges the payment of which is a 28
condition precedent to the petitioner's ability to secure access to 29
relief under this chapter. Petitioners shall be provided the 30
necessary number of certified copies, forms, and instructional 31
brochures free of charge, including a copy of the service packet that 32
consists of all documents that are being served on the respondent. A 33
respondent who is served electronically with a protection order shall 34
be provided a certified copy of the order free of charge upon 35
request. 36
(b) A filing fee may be charged for a petition for an 37
antiharassment protection order except as follows:38
(i) No filing fee may be charged to a petitioner seeking an 39
antiharassment protection order against a person who has engaged in 40
p. 52 HB 1426
acts of stalking as defined in RCW 9A.46.110, a hate crime under RCW 1
9A.36.080(1)(c), or a single act of violence or threat of violence 2
under RCW 7.105.010(((36))) (38)(b), or from a person who has engaged 3
in nonconsensual sexual conduct or penetration or conduct that would 4
constitute a sex offense as defined in RCW 9A.44.128, or from a 5
person who is a family or household member or intimate partner who 6
has engaged in conduct that would constitute domestic violence; and7
(ii) The court shall waive the filing fee if the court determines 8
the petitioner is not able to pay the costs of filing.9
(10) If the petition states that disclosure of the petitioner's 10
address or other identifying location information would risk harm to 11
the petitioner or any member of the petitioner's family or household, 12
that address may be omitted from all documents filed with the court. 13
If the petitioner has not disclosed an address under this subsection, 14
the petitioner shall designate an alternative address or email 15
address at which the respondent may serve the petitioner.16
(11) Subject to the availability of amounts appropriated for this 17
specific purpose, or as provided through alternative sources 18
including, but not limited to, grants, local funding, or pro bono 19
means, if the court deems it necessary, the court may appoint a 20
guardian ad litem for a petitioner or a respondent who is under 18 21
years of age and who is not represented by counsel. If a guardian ad 22
litem is appointed by the court for either or both parties, neither 23
the petitioner nor the respondent shall be required by the court to 24
pay any costs associated with the appointment. 25
(12) If a petitioner has requested an ex parte temporary 26
protection order, because these are often emergent situations, the 27
court shall prioritize review, either entering an order without a 28
hearing or scheduling and holding an ex parte hearing in person, by 29
telephone, by video, or by other electronic means on the day the 30
petition is filed if possible. Otherwise, it must be heard no later 31
than the following judicial day. The clerk shall ensure that the 32
request for an ex parte temporary protection order is presented 33
timely to a judicial officer, and signed orders will be returned 34
promptly to the clerk for entry and to the petitioner as specified in 35
this section. 36
(13) Courts shall not require a petitioner to file duplicative 37
forms. 38
(14) The Indian child welfare act applies in the following 39
manner. 40
p. 53 HB 1426
(a) In a proceeding under this chapter where the petitioner seeks 1
to protect a minor and the petitioner is not the minor's parent as 2
defined by RCW 13.38.040, the petition must contain a statement 3
alleging whether the minor is or may be an Indian child as defined in 4
RCW 13.38.040. If the minor is an Indian child, chapter 13.38 RCW and 5
the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., 6
shall apply. A party should allege in the petition if these laws have 7
been satisfied in a prior proceeding and identify the proceeding.8
(b) Every order entered in any proceeding under this chapter 9
where the petitioner is not a parent of the minor or minors protected 10
by the order must contain a finding that the federal Indian child 11
welfare act or chapter 13.38 RCW does or does not apply, or if there 12
is insufficient information to make a determination, the court must 13
make a finding that a determination must be made before a full 14
protection order may be entered. If there is reason to know the child 15
is an Indian child, but the court does not have sufficient evidence 16
to determine that the child is or is not an Indian child, 25 C.F.R. 17
Sec. 23.107 (b) applies. Where there is a finding that the federal 18
Indian child welfare act or chapter 13.38 RCW does apply, the order 19
must also contain a finding that all notice, evidentiary 20
requirements, and placement preferences under the federal Indian 21
child welfare act and chapter 13.38 RCW have been satisfied, or a 22
finding that removal or placement of the child is necessary to 23
prevent imminent physical damage or harm to the child pursuant to 25 24
U.S.C. Sec. 1922 and RCW 13.38.140. Where there is a finding that the 25
federal Indian child welfare act or chapter 13.38 RCW does not apply, 26
the order must also contain a finding as to why there is no reason to 27
know the child may be an Indian child. 28
NEW SECTION. Sec. 25. Section 18 of this act expires January 1, 29
2026.30
NEW SECTION. Sec. 26. Section 19 of this act takes effect 31
January 1, 2026.32
--- END ---
p. 54 HB 1426