Judicial processes

AN ACT Relating to judicial processes; amending RCW 2.43.070, 1
7.105.200, 7.105.205, 7.105.245, 7.105.255, 7.105.310, 7.105.450, and 2
9.73.030; adding a new section to chapter 7.105 RCW; and creating a 3
new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 2.43.070 and 2025 c 55 s 8 are each amended to read 6
as follows: 7
(1) Subject to the availability of funds, the administrative 8
office of the courts shall establish and maintain a credentialing 9
program for spoken language interpreters and administer comprehensive 10
testing. 11
(2) The administrative office of the courts shall work 12
cooperatively with public or private educational institutions, and 13
with other public or private organizations to establish suitable 14
training programs and engage in recruitment efforts to ensure the 15
availability of credentialed interpreters. Training programs shall be 16
made readily available in both eastern and western Washington 17
locations. Training programs shall include trainings on mutually 18
unintelligible languages.19
S-6052.1
SENATE BILL 6362
State of Washington 69th Legislature 2026 Regular Session
By Senator Hasegawa
p. 1 SB 6362
(3) The administrative office of the courts shall establish and 1
adopt standards of proficiency, written and oral, and, if applicable, 2
tonal, in English and the language to be interpreted.3
(4) The administrative office of the courts shall conduct 4
periodic examinations to ensure the availability of credentialed 5
interpreters. Periodic examinations shall be made readily available 6
in both eastern and western Washington locations. 7
(5) The administrative office of the courts shall compile, 8
maintain, and disseminate a current list of interpreters credentialed 9
by the office. 10
(6) The administrative office of the courts may charge reasonable 11
fees for testing, training, and credentialing. 12
(7) The administrative office of the courts may create different 13
credentials, including heightened credentials for interpreters 14
interpreting in the simultaneous mode, and provide guidance for the 15
selection and use of credentialed and noncredentialed interpreters to 16
ensure the highest standards of accuracy are maintained in all 17
judicial proceedings. 18
Sec. 2. RCW 7.105.200 and 2022 c 268 s 12 are each amended to 19
read as follows: 20
In hearings under this chapter, the following apply:21
(1) Hearings under this chapter are special proceedings. The 22
procedures established under this chapter for protection order 23
hearings supersede inconsistent civil court rules. Courts should 24
evaluate the needs and procedures best suited to individual hearings 25
based on consideration of the totality of the circumstances, 26
including disparities that may be apparent in the parties' resources 27
and representation by counsel. 28
(2)(a) Courts shall prioritize hearings on petitions for ex parte 29
temporary protection orders over less emergent proceedings.30
(b) For extreme risk protection order hearings where a law 31
enforcement agency is the petitioner, the court shall prioritize 32
scheduling because of the importance of immediate temporary removal 33
of firearms in situations of extreme risk and the goal of minimizing 34
the time law enforcement must otherwise wait for a particular case to 35
be called, which can hinder their other patrol and supervisory 36
duties. Courts also may allow a law enforcement petitioner to 37
participate remotely, or allow another representative from that law 38
enforcement agency or the prosecutor's office to present the 39
p. 2 SB 6362
information to the court if personal presence of the petitioning 1
officer is not required for testimonial purposes. 2
(3) If the respondent does not appear for the full hearing and 3
there is no proof of timely and proper service on the respondent, the 4
court shall reissue any temporary protection order previously issued 5
and reset the hearing date. If a temporary protection order is 6
reissued, the court shall reset the hearing date not later than 14 7
days from the reissue date. If a temporary protection order is 8
reissued and the court permits service by mail or by publication, the 9
court shall reset the hearing date not later than 30 days from the 10
date of the order authorizing such service. These time frames may be 11
extended for good cause. 12
(4) When considering any request to stay, continue, or delay a 13
hearing under this chapter because of the pendency of a parallel 14
criminal investigation or prosecution of the respondent, courts shall 15
apply a rebuttable presumption against such delay and give due 16
recognition to the purpose of this chapter to provide victims quick 17
and effective relief. Courts must consider on the record the 18
following factors: 19
(a) The extent to which a defendant's Fifth Amendment rights are 20
or are not implicated, given the special nature of protection order 21
proceedings, which burden a defendant's Fifth Amendment privilege 22
substantially less than do other civil proceedings;23
(b) Similarities between the civil and criminal cases;24
(c) Status of the criminal case; 25
(d) The interests of the petitioners in proceeding expeditiously 26
with litigation and the potential prejudice and risk to petitioners 27
of a delay; 28
(e) The burden that any particular aspect of the proceeding may 29
impose on respondents; 30
(f) The convenience of the court in the management of its cases 31
and the efficient use of judicial resources; 32
(g) The interests of persons not parties to the civil litigation; 33
and 34
(h) The interest of the public in the pending civil and criminal 35
litigation. 36
(5) Hearings may be conducted upon the information provided in 37
the sworn petition, live testimony of the parties should they choose 38
to testify, and any additional sworn declarations. Live testimony of 39
witnesses other than the parties may be requested by a party, but 40
p. 3 SB 6362
shall not be permitted unless the court finds that live testimony of 1
witnesses other than the parties is necessary and material. If either 2
party requests a continuance to allow for proper notice of witnesses 3
or to afford a party time to seek counsel, the court may continue the 4
hearing. In considering the request, the court should consider the 5
rebuttable presumption against delay and the purpose of this chapter 6
to provide victims quick and effective relief. 7
(6) If the court continues a hearing for any reason, the court 8
shall reissue any temporary orders, including orders to surrender and 9
prohibit weapons, issued with or without notice. 10
(7) Prehearing discovery under the civil court rules, including, 11
but not limited to, depositions, requests for production, or requests 12
for admission, is disfavored and only permitted if specifically 13
authorized by the court for good cause shown upon written motion of a 14
party filed six judicial days prior to the hearing and served prior 15
to the hearing. 16
(8) The rules of evidence need not be applied, other than with 17
respect to privileges, the requirements of the rape shield statute 18
under RCW 9A.44.020, and evidence rules 412 and 413.19
(9)(a) The prior sexual activity or the reputation of the 20
petitioner is inadmissible except: 21
(i) As evidence concerning the past sexual conduct of the 22
petitioner with the respondent when this evidence is offered by the 23
respondent upon the issue of whether the petitioner consented to the 24
sexual conduct alleged for the purpose of a protection order; or25
(ii) When constitutionally required to be admitted.26
(b) To determine admissibility, a written motion must be made six 27
judicial days prior to the protection order hearing. The motion must 28
include an offer of proof of the relevancy of the proposed evidence 29
and reasonably specific information as to the date, time, and place 30
of the past sexual conduct between the petitioner and the respondent. 31
If the court finds that the offer of proof is relevant to the issue 32
of the victim's consent, the court shall conduct a hearing in camera. 33
The court may not admit evidence under this subsection unless it 34
determines at the hearing that the evidence is relevant and the 35
probative value of the evidence outweighs the danger of unfair 36
prejudice. The evidence shall be admissible at the hearing to the 37
extent an order made by the court specifies the evidence that may be 38
admitted. If the court finds that the motion and related documents 39
p. 4 SB 6362
should be sealed pursuant to court rule and governing law, it may 1
enter an order sealing the documents. 2
(10) When a petitioner has alleged incapacity to consent to 3
sexual conduct or sexual penetration due to intoxicants, alcohol, or 4
other condition, the court must determine on the record whether the 5
petitioner had the capacity to consent. 6
(11) Courts shall not require parties to submit duplicate or 7
working copies of pleadings or other materials filed with the court, 8
unless the document or documents cannot be scanned or are illegible.9
(12) Courts shall, if possible, have petitioners and respondents 10
in protection order proceedings gather in separate locations and 11
enter and depart the court room at staggered times. Where the option 12
is available, for safety purposes, the court should arrange for 13
petitioners to leave the court premises first and to have court 14
security escort petitioners to their vehicles or transportation.15
(13) If a party has limited English proficiency, the court shall 16
ensure that such party has reasonable time to confer with an 17
interpreter appointed under RCW 7.105.245 during court recesses 18
before continuing a hearing.19
Sec. 3. RCW 7.105.205 and 2022 c 268 s 13 are each amended to 20
read as follows: 21
(1) Hearings on protection orders, including hearings concerning 22
temporary protection orders, full protection orders, compliance, 23
reissuance, renewal, modification, or termination, may be conducted 24
in person or remotely in order to enhance access for all parties.25
(2) In the court's discretion, parties, witnesses, and others 26
authorized by this chapter to participate in protection order 27
proceedings may attend a hearing on a petition for a protection 28
order, or any hearings conducted pursuant to this chapter, in person 29
or remotely, including by telephone, video, or other electronic means 30
where possible. No later than three judicial days before the hearing, 31
the parties may request to appear at the hearing, with witnesses, 32
remotely by telephone, video, or other electronic means. The court 33
shall grant any request for a remote appearance unless the court 34
finds good cause to require in-person attendance or attendance 35
through a specific means. 36
(3) Courts shall require assurances of the identity of persons 37
who appear by telephone, video, or other electronic means. Courts may 38
not charge fees for remote appearances. 39
p. 5 SB 6362
(4) Courts shall not post or stream proceedings or recordings of 1
protection order hearings online unless (a) a waiver has been 2
received from all parties, or (b) the hearing is being conducted 3
online and members of the public do not have in-person access to 4
observe or listen to the hearing. Unless the court orders a hearing 5
to be closed to the public consistent with the requirements of 6
Washington law, courts should provide access to members of the public 7
who wish to observe or listen to a hearing conducted by telephone, 8
video, or other electronic means. 9
(5) If a hearing is held with any parties or witnesses appearing 10
remotely, the following apply: 11
(a) Courts should include directions to access a hearing remotely 12
in the order setting the hearing and in any order granting a party's 13
request for a remote appearance. Such orders shall also include 14
directions to request an interpreter and accommodations for 15
disabilities; 16
(b) Courts should endeavor to give a party or witness appearing 17
by telephone no more than a one-hour waiting time by the court for 18
the hearing to begin. For remote hearings, if the court anticipates 19
the parties or witnesses will need to wait longer than one hour to be 20
called or connected, the court should endeavor to inform them of the 21
estimated start time of the hearing; 22
(c) Courts should inform the parties before the hearing begins 23
that the hearing is being recorded by the court, in what manner the 24
public is able to view the hearing, how a party may obtain a copy of 25
the recording of the hearing, and that recording or broadcasting any 26
portion of the hearing by any means other than the court record is 27
strictly prohibited without prior court approval; 28
(d) To minimize trauma, while allowing remote hearings to be 29
observed by the public, courts should take appropriate measures to 30
prevent members of the public or the parties from harassing or 31
intimidating any party or witness to a case. Such practices may 32
include, but are not limited to, disallowing members of the public 33
from communicating with the parties or with the court during the 34
hearing, ensuring court controls over microphone and viewing 35
settings, and announcing limitations on allowing others to record the 36
hearing; 37
(e) Courts shall use technology that accommodates American sign 38
language and other languages; 39
p. 6 SB 6362
(f) To help ensure that remote access does not undermine personal 1
safety or privacy, or introduce other risks, courts should protect 2
the privacy of telephone numbers, emails, and other contact 3
information for parties, witnesses, and others authorized by this 4
chapter to participate in protection order proceedings, and inform 5
them of these safety considerations. Materials available to persons 6
appearing remotely should include warnings not to state their 7
addresses or telephone numbers at the hearing, and that they should 8
ensure that background surroundings do not reveal their location;9
(g) Courts should provide the parties, in orders setting the 10
hearing, with a telephone number and an email address for the court, 11
which the parties may use to inform the court if they have been 12
unable to appear remotely for a hearing. Before dismissing or 13
granting a petition due to the petitioner or respondent not appearing 14
for a remote hearing, or the court not being able to reach the party 15
via telephone or video, the court shall check for any notifications 16
to the court regarding issues with remote access or other 17
technological difficulties. If any party has provided such 18
notification to the court, the court shall not dismiss or grant the 19
petition, but shall reset the hearing by continuing it and reissuing 20
any temporary order in place. If a party was unable to provide the 21
notification regarding issues with remote access or other 22
technological difficulties on the day of the hearing prior to the 23
court's ruling, that party may seek relief via a motion for 24
reconsideration; and 25
(h) A party attending a hearing remotely who is unable to 26
participate in the hearing outside the presence of others who reside 27
with the party, but who are not part of the proceeding including, but 28
not limited to, children, and who asserts that the presence of those 29
individuals may hinder the party's testimony or the party's ability 30
to fully and meaningfully participate in the hearing, may request a 31
continuance on that basis. Such requests may be granted in the 32
court's discretion. In considering the request, the court may 33
consider the rebuttable presumption against delay and the purpose of 34
this chapter to provide victims quick and effective relief.35
(6) If an interpreter is appointed pursuant to RCW 7.105.245(2) 36
for any remote hearing conducted pursuant to this chapter, and if the 37
interpreter is appearing remotely and interpreting in the 38
simultaneous mode, then such interpretation must be recorded.39
p. 7 SB 6362
Sec. 4. RCW 7.105.245 and 2025 c 55 s 12 are each amended to 1
read as follows: 2
(1) Pursuant to chapter 2.42 RCW, in order to ensure that parties 3
have meaningful access to the court, an interpreter shall be 4
appointed for any party who is deaf, hard of hearing, deaf-blind, or 5
has a speech impairment and cannot readily understand or communicate 6
in spoken language. Notwithstanding the provisions of chapter 2.42 7
RCW, the court shall not: 8
(a) Appoint an interpreter who is not credentialed or duly 9
qualified by the court to provide interpretation services; or10
(b) Appoint a person to provide interpretation services if that 11
person is serving as an advocate for the party. 12
(2) Pursuant to chapter 2.43 RCW, in order to ensure that parties 13
have meaningful access to the court, an interpreter shall be 14
appointed for any party who has limited English proficiency. 15
Notwithstanding the provisions of chapter 2.43 RCW, the court shall 16
not: 17
(a) Appoint an interpreter who is not credentialed or duly 18
qualified by the court to provide interpretation services; ((or))19
(b) Appoint a person to provide interpretation services if that 20
person is serving as an advocate for the party; or21
(c) Require interpretation in the simultaneous mode, unless 22
requested by the party who needs interpreter services.23
(3) Once an interpreter has been appointed for a party, the party 24
shall no longer be required to make further requests for the 25
appointment of an interpreter for subsequent hearings or proceedings. 26
The clerk shall identify the party as a person who needs interpreter 27
services and the clerk or the court administrator shall be 28
responsible for ensuring that an interpreter is available for every 29
subsequent hearing. 30
(4) The interpreter shall interpret for the party meeting with 31
either counsel or court staff, or both, for the purpose of preparing 32
forms and participating in the hearing and court-ordered assessments, 33
and the interpreter shall sight translate any orders.34
(5) The same interpreter shall not serve parties on both sides of 35
the proceeding when not on the record, nor shall the interpreter 36
appointed by the court for the proceeding be the same interpreter 37
appointed for any court-ordered assessments, unless the court finds 38
good cause on the record to do so because it is not possible to 39
obtain more than one interpreter for the proceeding, or the safety of 40
p. 8 SB 6362
the litigants is not compromised, or any other reasons identified by 1
the court. 2
(6) Courts shall make a private space available for parties, 3
counsel, and/or court staff and interpreters to sight translate any 4
written documents or to meet and confer. 5
(7) When a hearing is conducted through telephone, video, or 6
other electronic means, the court must make appropriate arrangements 7
to permit interpreters to serve the parties and the court as needed.8
(8) Courts shall ensure that interpretations in the simultaneous 9
mode occur in maximum intervals of 30 minutes.10
(9) The court shall ensure that a party participating in a 11
hearing in person has meaningful access to the court by providing 12
necessary technology and software to such party if the party is 13
appointed an interpreter under subsection (2) of this section and the 14
interpretation is conducted in the simultaneous mode.15
Sec. 5. RCW 7.105.255 and 2023 c 462 s 202 are each amended to 16
read as follows: 17
(1) To help ensure familiarity with the unique nature of 18
protection order proceedings, and an understanding of trauma-informed 19
practices and best practices in the use of new technologies for 20
remote hearings, judicial officers, including persons who serve as 21
judicial officers pro tempore, ((should)) shall receive evidence-22
based training on procedural justice, trauma-informed and trauma-23
responsive practices, gender-based violence dynamics, coercive 24
control, elder abuse, juvenile sex offending, teen dating violence, 25
domestic violence homicide prevention, antibias, antioppression, and 26
requirements and best practices for the surrender of weapons before 27
presiding over protection order hearings. Trainings should be 28
provided on an ongoing basis as best practices, research on trauma, 29
and legislation continue to evolve. As a method of continuous 30
training, court commissioners, including pro tempore commissioners, 31
shall be notified by the presiding judge or court administrator upon 32
revision of any decision made under this chapter. 33
(2) Subject to funds appropriated for this specific purpose, the 34
administrative office of the courts shall ((develop)):35
(a) Develop training for judicial officers on the topics listed 36
in subsection (1) of this section, which must be provided free of 37
charge to judicial officers; and38
p. 9 SB 6362
(b) Develop special certification for judicial officers who have 1
completed trauma-informed practices training. 2
NEW SECTION. Sec. 6. A new section is added to chapter 7.105 3
RCW to read as follows: 4
Subject to the availability of amounts appropriated for this 5
specific purpose, the administrative office of the courts shall 6
conduct a review of judicial officers' rulings under RCW 7.105.225 7
from the beginning of the year 2017 through the end of the year 2027.8
Sec. 7. RCW 7.105.310 and 2025 c 122 s 2 are each amended to 9
read as follows: 10
(1) In issuing any type of protection order, other than an ex 11
parte temporary antiharassment protection order as limited by 12
subsection (2) of this section, and other than an extreme risk 13
protection order, the court shall have broad discretion to grant such 14
relief as the court deems proper, including an order that provides 15
relief as follows: 16
(a) Restrain the respondent from committing any of the following 17
acts against the petitioner and other persons protected by the order: 18
Domestic violence; nonconsensual sexual conduct or nonconsensual 19
sexual penetration; sexual abuse; stalking; acts of abandonment, 20
abuse, neglect, or financial exploitation against a vulnerable adult; 21
and unlawful harassment; 22
(b) Restrain the respondent from making any attempts to have 23
contact, including nonphysical contact, with the petitioner or the 24
petitioner's family or household members who are minors or other 25
members of the petitioner's household, either directly, indirectly, 26
or through third parties regardless of whether those third parties 27
know of the order; 28
(c) Exclude the respondent from the residence that the parties 29
share; 30
(d) Exclude the respondent from the residence, workplace, or 31
school of the petitioner; or from the day care or school of a minor 32
child; 33
(e) Restrain the respondent from knowingly coming within, or 34
knowingly remaining within, a specified distance from a specified 35
location including, but not limited to, a residence, school, day 36
care, workplace, the protected party's person, and the protected 37
party's vehicle. The specified distance shall presumptively be at 38
p. 10 SB 6362
least 1,000 feet, unless the court for good cause finds that a 1
shorter specified distance is appropriate; 2
(f) If the parties have children in common, make residential 3
provisions with regard to their minor children on the same basis as 4
is provided in chapter 26.09 RCW. However, parenting plans as 5
specified in chapter 26.09 RCW must not be required under this 6
chapter. The court may not delay or defer relief under this chapter 7
on the grounds that the parties could seek a parenting plan or 8
modification to a parenting plan in a different action. A protection 9
order must not be denied on the grounds that the parties have an 10
existing parenting plan in effect. A protection order may suspend the 11
respondent's contact with the parties' children under an existing 12
parenting plan, subject to further orders in a family law proceeding;13
(g) Order the respondent to participate in a state-certified 14
domestic violence perpetrator treatment program approved under RCW 15
43.20A.735 or a state-certified sex offender treatment program 16
approved under RCW 18.155.070; 17
(h) Order the respondent to obtain a mental health or chemical 18
dependency evaluation. If the court determines that a mental health 19
evaluation is necessary, the court shall clearly document the reason 20
for this determination and provide a specific question or questions 21
to be answered by the mental health professional. The court shall 22
consider the ability of the respondent to pay for an evaluation. 23
Minors are presumed to be unable to pay. The parent or legal guardian 24
is responsible for costs unless the parent or legal guardian 25
demonstrates inability to pay; 26
(i) In cases where the petitioner and the respondent are students 27
who attend the same public or private elementary, middle, or high 28
school, the court, when issuing a protection order and providing 29
relief, shall consider, among the other facts of the case, the 30
severity of the act, any continuing physical danger, emotional 31
distress, or educational disruption to the petitioner, and the 32
financial difficulty and educational disruption that would be caused 33
by a transfer of the respondent to another school. The court may 34
order that the respondent not attend the public or private 35
elementary, middle, or high school attended by the petitioner. If a 36
minor respondent is prohibited attendance at the minor's assigned 37
public school, the school district must provide the student 38
comparable educational services in another setting. In such a case, 39
the district shall provide transportation at no cost to the 40
p. 11 SB 6362
respondent if the respondent's parent or legal guardian is unable to 1
pay for transportation. The district shall put in place any needed 2
supports to ensure successful transition to the new school 3
environment. The court shall send notice of the restriction on 4
attending the same school as the petitioner to the public or private 5
school the respondent will attend and to the school the petitioner 6
attends; 7
(j) Require the respondent to pay the administrative court costs 8
and service fees, as established by the county or municipality 9
incurring the expense, and to reimburse the petitioner for costs 10
incurred in bringing the action, including reasonable attorneys' fees 11
or limited license legal technician fees when such fees are incurred 12
by a person licensed and practicing in accordance with state supreme 13
court admission and practice rule 28, the limited practice rule for 14
limited license legal technicians. Minors are presumed to be unable 15
to pay. The parent or legal guardian is responsible for costs unless 16
the parent or legal guardian demonstrates inability to pay;17
(k) Restrain the respondent from harassing, following, 18
monitoring, keeping under physical or electronic surveillance, cyber 19
harassment as defined in RCW 9A.90.120, and using telephonic, 20
audiovisual, or other electronic means to monitor the actions, 21
location, or communication of the petitioner or the petitioner's 22
family or household members who are minors or other members of the 23
petitioner's household. For the purposes of this subsection, 24
"communication" includes both "wire communication" and "electronic 25
communication" as defined in RCW 9.73.260; 26
(l) Other than for respondents who are minors, require the 27
respondent to submit to electronic monitoring. The order must specify 28
who shall provide the electronic monitoring services and the terms 29
under which the monitoring must be performed. The order also may 30
include a requirement that the respondent pay the costs of the 31
monitoring. The court shall consider the ability of the respondent to 32
pay for electronic monitoring; 33
(m) Consider the provisions of RCW 9.41.800, and order the 34
respondent to surrender, and prohibit the respondent from accessing, 35
having in his or her custody or control, possessing, purchasing, 36
attempting to purchase or receive, or receiving, all firearms, 37
dangerous weapons, and any concealed pistol license, as required in 38
RCW 9.41.800; 39
p. 12 SB 6362
(n) Order possession and use of essential personal effects. The 1
court shall list the essential personal effects with sufficient 2
specificity to make it clear which property is included. Personal 3
effects may include pets. The court may order that a petitioner be 4
granted the exclusive custody or control of any pet owned, possessed, 5
leased, kept, or held by the petitioner, respondent, or minor child 6
residing with either the petitioner or respondent, and may prohibit 7
the respondent from interfering with the petitioner's efforts to 8
obtain the pet. The court may also prohibit the respondent from 9
knowingly coming within, or knowingly remaining within, a specified 10
distance of specified locations where the pet is regularly found;11
(o) Order use of a vehicle; 12
(p) Enter an order restricting the respondent from engaging in 13
abusive litigation as set forth in chapter 26.51 RCW or in frivolous 14
filings against the petitioner, making harassing or libelous 15
communications about the petitioner to third parties, ((or)) making 16
false reports to investigative agencies , or engaging in abusive use 17
of process . A petitioner may request this relief in the petition or 18
by separate motion. A petitioner may request this relief by separate 19
motion at any time within five years of the date the protection order 20
is entered even if the order has since expired. A stand-alone motion 21
for an order restricting abusive litigation may be brought by a party 22
who meets the requirements of chapter 26.51 RCW regardless of whether 23
the party has previously sought a protection order under this 24
chapter, provided the motion is made within five years of the date 25
the order that made a finding of domestic violence was entered. In 26
cases where a finding of domestic violence was entered pursuant to an 27
order under chapter 26.09, 26.26, or 26.26A RCW, a motion for an 28
order restricting abusive litigation may be brought under the family 29
law case or as a stand-alone action filed under this chapter, when it 30
is not reasonable or practical to file under the family law case;31
(q) Restrain the respondent from committing acts of abandonment, 32
abuse, neglect, or financial exploitation against a vulnerable adult;33
(r) Require an accounting by the respondent of the disposition of 34
the vulnerable adult's income or other resources; 35
(s) Restrain the transfer of either the respondent's or 36
vulnerable adult's property, or both, for a specified period not 37
exceeding 90 days; 38
(t) Order financial relief and restrain the transfer of jointly 39
owned assets; 40
p. 13 SB 6362
(u) Restrain the respondent from possessing or distributing 1
intimate images, as defined in RCW 9A.86.010, depicting the 2
petitioner including, but not limited to, requiring the respondent 3
to: Take down and delete all intimate images and recordings of the 4
petitioner in the respondent's possession or control; and cease any 5
and all disclosure of those intimate images. The court may also 6
inform the respondent that it would be appropriate to ask third 7
parties in possession or control of the intimate images of this 8
protection order to take down and delete the intimate images so that 9
the order may not inadvertently be violated; or 10
(v) Order other relief as it deems necessary for the protection 11
of the petitioner and other family or household members who are 12
minors or vulnerable adults for whom the petitioner has sought 13
protection, including orders or directives to a law enforcement 14
officer, as allowed under this chapter. 15
(2) In an antiharassment protection order proceeding, the court 16
may grant the relief specified in subsection (1)(c), (f), and (t) of 17
this section only as part of a full antiharassment protection order.18
(3) The court in granting a temporary antiharassment protection 19
order or a civil antiharassment protection order shall not prohibit 20
the respondent from exercising constitutionally protected free 21
speech. Nothing in this section prohibits the petitioner from 22
utilizing other civil or criminal remedies to restrain conduct or 23
communications not otherwise constitutionally protected.24
(4) The court shall not take any of the following actions in 25
issuing a protection order. 26
(a) The court may not order the petitioner to obtain services 27
including, but not limited to, drug testing, victim support services, 28
a mental health assessment, or a psychological evaluation.29
(b) The court shall not issue a full protection order to any 30
party except upon notice to the respondent and the opportunity for a 31
hearing pursuant to a petition or counter-petition filed and served 32
by the party seeking relief in accordance with this chapter. Except 33
as provided in RCW 7.105.210, the court shall not issue a temporary 34
protection order to any party unless the party has filed a petition 35
or counter-petition for a protection order seeking relief in 36
accordance with this chapter. 37
(c) Under no circumstances shall the court deny the petitioner 38
the type of protection order sought in the petition on the grounds 39
p. 14 SB 6362
that the court finds that a different type of protection order would 1
have a less severe impact on the respondent. 2
(5) The order shall specify the date the order expires, if any. 3
For permanent orders, the court shall set the date to expire 99 years 4
from the issuance date. The order shall also state whether the court 5
issued the protection order following personal service, service by 6
electronic means, service by mail, or service by publication, and 7
whether the court has approved service by mail or publication of an 8
order issued under this section. 9
(6) Issuing mutual full protection orders of any type is 10
disfavored. 11
Sec. 8. RCW 7.105.450 and 2024 c 137 s 2 are each amended to 12
read as follows: 13
(1)(a) Whenever a domestic violence protection order, a sexual 14
assault protection order, a stalking protection order, or a 15
vulnerable adult protection order is granted under this chapter, or 16
an order is granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 17
10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or there is a valid 18
foreign protection order as defined in RCW 26.52.020, or there is a 19
Canadian domestic violence protection order as defined in RCW 20
26.55.010, and the respondent or person to be restrained knows of the 21
order, a violation of any of the following provisions of the order is 22
a gross misdemeanor, except as provided in subsections (4) and (5) of 23
this section: 24
(i) The restraint provisions prohibiting acts or threats of 25
violence against, or stalking of, a protected party, or the restraint 26
provisions prohibiting contact with a protected party;27
(ii) A provision excluding the person from a residence, 28
workplace, school, or day care; 29
(iii) A provision prohibiting the person from knowingly coming 30
within, or knowingly remaining within, a specified distance of a 31
location, a protected party's person, or a protected party's vehicle;32
(iv) A provision prohibiting interfering with the protected 33
party's efforts to remove a pet owned, possessed, leased, kept, or 34
held by the petitioner, the respondent, or a minor child residing 35
with either the petitioner or the respondent; or 36
(v) A provision of a foreign protection order or a Canadian 37
domestic violence protection order specifically indicating that a 38
violation will be a crime. 39
p. 15 SB 6362
(b) Upon conviction, and in addition to any other penalties 1
provided by law, the court: 2
(i) May require that the respondent submit to electronic 3
monitoring. The court shall specify who must provide the electronic 4
monitoring services and the terms under which the monitoring must be 5
performed. The order also may include a requirement that the 6
respondent pay the costs of the monitoring. The court shall consider 7
the ability of the convicted person to pay for electronic monitoring; 8
and 9
(ii) Shall impose a fine of $15, in addition to any penalty or 10
fine imposed, for a violation of a domestic violence protection order 11
issued under this chapter. Revenue from the $15 fine must be remitted 12
monthly to the state treasury for deposit in the domestic violence 13
prevention account. 14
(2) A law enforcement officer shall arrest without a warrant and 15
take into custody a person whom the law enforcement officer has 16
probable cause to believe has violated a domestic violence protection 17
order, a sexual assault protection order, a stalking protection 18
order, or a vulnerable adult protection order, or an order issued 19
under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 20
26.26A, or 26.26B RCW, or a valid foreign protection order as defined 21
in RCW 26.52.020, or a Canadian domestic violence protection order as 22
defined in RCW 26.55.010, that restrains the person or excludes the 23
person from a residence, workplace, school, or day care, or prohibits 24
the person from knowingly coming within, or knowingly remaining 25
within, a specified distance of a location, a protected party's 26
person, or a protected party's vehicle, if the person restrained 27
knows of the order. Presence of the order in the law enforcement 28
computer-based criminal intelligence information system is not the 29
only means of establishing knowledge of the order.30
(3)(a) A violation of a domestic violence protection order, a 31
sexual assault protection order, a stalking protection order, or a 32
vulnerable adult protection order, or an order issued under chapter 33
9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 34
26.26B RCW, or a valid foreign protection order as defined in RCW 35
26.52.020, or a Canadian domestic violence protection order as 36
defined in RCW 26.55.010, shall also constitute contempt of court, 37
and is subject to the penalties prescribed by law.38
(b) A court, pursuant to its authority under chapter 7.21 RCW, 39
shall initiate a contempt proceeding on its own motion when there is 40
p. 16 SB 6362
probable cause to believe that the respondent violated an order 1
listed in this subsection. 2
(4) Any assault that is a violation of a domestic violence 3
protection order, a sexual assault protection order, a stalking 4
protection order, or a vulnerable adult protection order, or an order 5
issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 6
26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as 7
defined in RCW 26.52.020, or a Canadian domestic violence protection 8
order as defined in RCW 26.55.010, and that does not amount to 9
assault in the first or second degree under RCW 9A.36.011 or 10
9A.36.021 is a class C felony, and any conduct in violation of such 11
an order that is reckless and creates a substantial risk of death or 12
serious physical injury to another person is a class C felony.13
(5) A violation of a domestic violence protection order, a sexual 14
assault protection order, a stalking protection order, or a 15
vulnerable adult protection order, or a court order issued under 16
chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 17
26.26A, or 26.26B RCW, or a valid foreign protection order as defined 18
in RCW 26.52.020, or a Canadian domestic violence protection order as 19
defined in RCW 26.55.010, is a class C felony if the offender has at 20
least two previous convictions for violating the provisions of a 21
domestic violence protection order, a sexual assault protection 22
order, a stalking protection order, or a vulnerable adult protection 23
order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 24
9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign 25
protection order as defined in RCW 26.52.020, or a Canadian domestic 26
violence protection order as defined in RCW 26.55.010. The previous 27
convictions may involve the same victim or other victims specifically 28
protected by the orders the offender violated. 29
(6)(a) A defendant arrested for violating a domestic violence 30
protection order, sexual assault protection order, stalking 31
protection order, or vulnerable adult protection order, or an order 32
granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 33
10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection 34
order as defined in RCW 26.52.020, or a Canadian domestic violence 35
protection order as defined in RCW 26.55.010, is required to appear 36
in person before a magistrate within one judicial day after the 37
arrest. At the time of the appearance, the court shall determine the 38
necessity of imposing a no-contact order or other conditions of 39
pretrial release. 40
p. 17 SB 6362
(b) A defendant who is charged by citation, complaint, or 1
information with violating any protection order identified in (a) of 2
this subsection and not arrested shall appear in court for 3
arraignment in person as soon as practicable, but in no event later 4
than 14 days after the next day on which court is in session 5
following the issuance of the citation or the filing of the complaint 6
or information. 7
(7) Upon the filing of an affidavit by the petitioner or any law 8
enforcement officer alleging that the respondent has violated a 9
domestic violence protection order, a sexual assault protection 10
order, a stalking protection order, or a vulnerable adult protection 11
order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 12
9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign 13
protection order as defined in RCW 26.52.020, or a Canadian domestic 14
violence protection order as defined in RCW 26.55.010, the court may 15
issue an order to the respondent, requiring the respondent to appear 16
and show cause within 14 days as to why the respondent should not be 17
found in contempt of court and punished accordingly. The hearing may 18
be held in the court of any county or municipality in which the 19
petitioner or respondent temporarily or permanently resides at the 20
time of the alleged violation. 21
(8) Appearances required under this section are mandatory and 22
cannot be waived. 23
Sec. 9. RCW 9.73.030 and 2021 c 329 s 21 are each amended to 24
read as follows: 25
(1) Except as otherwise provided in this chapter, it shall be 26
unlawful for any individual, partnership, corporation, association, 27
or the state of Washington, its agencies, and political subdivisions 28
to intercept, or record any: 29
(a) Private communication transmitted by telephone, telegraph, 30
radio, or other device between two or more individuals between points 31
within or without the state by any device electronic or otherwise 32
designed to record and/or transmit said communication regardless how 33
such device is powered or actuated, without first obtaining the 34
consent of ((all)) one of the participants in the communication;35
(b) Private conversation, by any device electronic or otherwise 36
designed to record or transmit such conversation regardless how the 37
device is powered or actuated without first obtaining the consent of 38
((all)) one of the persons engaged in the conversation.39
p. 18 SB 6362
(2) ((Notwithstanding subsection (1) of this section, wire )) Wire 1
communications or conversations (a) of an emergency nature, such as 2
the reporting of a fire, medical emergency, crime, or disaster, or 3
(b) which convey threats of extortion, blackmail, bodily harm, or 4
other unlawful requests or demands, or (c) which occur anonymously or 5
repeatedly or at an extremely inconvenient hour, or (d) which relate 6
to communications by a hostage holder or barricaded person as defined 7
in RCW 70.85.100, whether or not conversation ensues, may be recorded 8
with the consent of one party to the conversation. 9
(3) Where consent by all parties is needed pursuant to this 10
chapter, consent shall be considered obtained whenever one party has 11
announced to all other parties engaged in the communication or 12
conversation, in any reasonably effective manner, that such 13
communication or conversation is about to be recorded or transmitted: 14
PROVIDED, That if the conversation is to be recorded that said 15
announcement shall also be recorded. 16
(4) An employee of any regularly published newspaper, magazine, 17
wire service, radio station, or television station acting in the 18
course of bona fide news gathering duties on a full-time or 19
contractual or part-time basis, shall be deemed to have consent to 20
record and divulge communications or conversations otherwise 21
prohibited by this chapter if the consent is expressly given or if 22
the recording or transmitting device is readily apparent or obvious 23
to the speakers. Withdrawal of the consent after the communication 24
has been made shall not prohibit any such employee of a newspaper, 25
magazine, wire service, or radio or television station from divulging 26
the communication or conversation. 27
(5) This section does not apply to the recording of custodial 28
interrogations pursuant to RCW 10.122.040. 29
NEW SECTION. Sec. 10. This act may be known and cited as Zhen's 30
law.31
--- END ---
p. 19 SB 6362