This article is still being written
This page summarizes the technology requirements for the Washington State House Bill: HB 1320 – 2021-22 Modernizing, harmonizing, and improving the efficacy and accessibility of laws concerning civil protection orders.
1. Technology has enabled online filing of petitions, electronic service of protection orders, and video and telephonic hearings to maintain and improve access to the courts.
Hide Original Text
The legislature finds that advances in technology have made it increasingly possible to file petitions, effect service of process, and conduct hearings in protection order proceedings through more efficient and accessible means, while upholding constitutional due process requirements. These include using approaches such as online filing of petitions, electronic service of protection orders, and video and telephonic hearings to maintain and improve access to the courts. These alternatives can help make protection order processes more accessible, effective, timely, and procedurally just, particularly in situations where there are emergent risks. The legislature finds that it would be helpful for petitioners, respondents, judicial officers, court personnel, law enforcement, advocates, counsel, and others to have these new tools enacted into statute and made readily available in every court, with statewide best practices created for their use, specific to the context of civil protection orders. The legislature further finds that it is important to modernize other aspects of the civil protection order statutes to reflect current trends, and to provide for data collection and research in these areas of the law.
2. Enable petitioners to track case progress with text and email notifications for case being filed, the order is issued, the order is sent to law enforcement, proof of service is filed, and firearms surrender form is submitted
3. Respondents can sign up for similar notifications after being served.
4. Enable online forms suited for e-filing
5. Provide information brochures electronically in English and other languages
6. Provide online a list of community resources (crisis intervention, behavioral health, interpreter etc) county’s top 6 languages including English.
Hide Original Text
The court clerk shall obtain a community resource list from a domestic violence program and from a sexual assault program serving the county in which the court is located. The community resource list must include the names, telephone numbers, and, as available, website links of domestic violence programs, sexual assault programs, and elder abuse programs serving the community in which the court is located, including law enforcement agencies, domestic violence agencies, sexual assault agencies, civil legal aid programs, elder abuse programs, interpreters, multicultural programs, and batterers’ treatment programs. The list must be made available in print and online.
The court clerk may create a community resource list of crisis intervention, behavioral health, interpreter, counseling, and other relevant resources serving the county in which the court is located. The clerk may also create a community resource list for respondents to include suicide prevention, treatment options, and resources for when children are involved in protection order cases. Any list shall be made available in print and online. (c) Courts may make the community resource lists specified in (a) and (b) of this subsection available as part of, or in addition to, the informational brochures described in subsection (1) of this section, and should translate them into the languages spoken by the county’s top five significant non-English-speaking populations.
7. If the service is incomplete for 10 days, then notify the petitioner
8. Online hearings may be broadcast online for public viewing, consistent with Washington law. In person hearings would require consent from all parties.
9. Courts to permit requests over email or telephone for rescheduling hearing. In case of no shows examine if petitioners had difficulty in attending the hearing.
10. Courts to electronically notify the petitioner of the outcome of the compliance hearing
11. Law enforcement to notify the courts when the concealed pistol license is surrendered
12. Department of Licensing to notify Law enforcement to revoke concealed pistol license
If the court corrects an error in an order, the 18 court shall provide notice of the correction to the parties and the 19 person who notified the court of the error, and shall provide a copy 20 of the corrected order. The court shall direct the clerk to forward 21 the corrected order on or before the next judicial day to the law 22 enforcement agency specified in the order.
13. Court to notify all parties of corrections in an order
14. Court must send a reminder about upcoming ERPO expiration
15. Court must notify Department of Licensing to revoke the driver license if a minor had a firearm in a vehicle or the vehicle served an integral function.
16. Court must notify Department of Licensing to revoke the driver license if a minor had a firearm in a vehicle or the vehicle served an integral function.
17. Law enforcement to notify the court that concealed pistol license is surrendered and the authority to revoke is notified.
18. For Canadian Protection Orders which cannot be enforced as the respondent hasn’t been notified, the Law enforcement will notify the petitioner of such, and serve the respondent.
19. Department of licensing will provide online access law enforcement to the concealed pistol license application
20. Department of licensing may e-mail the concealed pistol license renewal notice to the licensee
21. Law enforcement agencies may offer an online renewal for the concealed pistol license
22. Washington association of sheriffs and police chiefs to notify via e-mail or phone when a restrained individual attempts to purchase a firearm. Individuals can register for this service via a public website.
23. Electronic servicing, must be prioritized over personal service with certain exceptions such as those involving surrender of firearms, transfer of child custody. Electronic servicing includes, e-mail, text, and social media. Verification of receipt may be accomplished through read-receipt mechanisms,
Hide Original Text
Service by electronic means, including service by email, text message, social media applications, or other technologies, text message, social media applications, or other technologies, must be prioritized for all orders at the time of the issuance of temporary protection orders, with the exception of the following cases, for which personal service must be prioritized: (A) Cases requiring the surrender of firearms, such as extreme risk protection orders and protection orders with orders to surrender weapons; (B) cases that involve transferring the custody of a child or children from the respondent to the petitioner; (C) cases involving vacating 24 the respondent from the parties’ shared residence; or (D) cases involving a respondent who is incarcerated. Once firearms and concealed pistol licenses have been surrendered and verified by the court, or there is evidence the respondent does not possess firearms, the restrained party has been vacated from the shared residence, or the custody of the child or children has been transferred, per court 30 order, then subsequent motions and orders may be served 31 electronically.
Service by electronic means must be effected by a law enforcement agency, unless the petitioner elects to have the respondent served by any person who is not a party to the action, is over 18 years of age and competent to be a witness, and can provide sworn proof of service to the court as required.
Electronic service must be effected by transmitting copies of the petition and any supporting materials filed with the petition, notice of hearing, and any orders, or relevant materials for motions, to the respondent at the respondent’s electronic address or the 1 respondent’s electronic account associated with email, text messaging, social media applications, or other technologies.
Verification of receipt may be accomplished through read-receipt mechanisms, a response, a sworn statement from the person who effected service verifying transmission and any follow-up 6 communications such as email or telephone contact used to further verify, or an appearance by the respondent at a hearing. Sworn proof of service must be filed with the court by the person who effected service. Service by electronic means is complete upon transmission when made prior to 5:00 p.m. on a judicial day. Service made on a Saturday, Sunday, legal holiday, or after 5:00 p.m. on any other day shall be deemed complete at 9:00 a.m. on the first judicial day 13 thereafter.
24. Respondent must provide an email for future electronic servicing on first contact with the court.
Hide Original Text
To promote judicial economy and reduce delays, for 1 respondents who are able to be served electronically, the respondent, 2 or the parent or guardian of the respondent for respondents under the 3 age of 18 or the guardian or conservator of an adult respondent, 4 shall be required to provide his or her electronic address or 5 electronic account associated with an email, text messaging, social 6 media application, or other technology by filing the confidential 7 party information form referred to in section 16(1) of this act. This 8 must occur at the earliest point at which the respondent, parent, 9 guardian, or conservator is in contact with the court so that 10 electronic service can be effected for all subsequent motions, 11 orders, and hearings
25. Clerks must electronically forward the temporary order, petition and other case documents to the law enforcement the same day as the order issue date.
26. Courts may authorize electronic servicing to vulnerable adults if the personal service fails.
Here’s the bill with the relevant sections highlighted
