Last Updated April 9, 2024/Civil Protection Order General

Recap – HB 1320 Technology Requirements

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Recently updated on April 9th, 2024 at 01:05 am

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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.

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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.

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By January 1, 2023, all superior courts' systems and, by January 1, 2026, all limited jurisdiction courts' systems, should allow for the petitioner to electronically track the progress of the petition for a protection order. Notification may be provided by text messaging or email, and should provide reminders of court appearances and alert the petitioner when the following occur: (i) The petition has been processed and is under review by a judicial officer; (ii) the order has been signed; (iii) the order has been transmitted to law enforcement for entry into the Washington crime information center system; (iv) return of service upon the respondent has been filed with the court or clerk; and (v) a receipt for the surrender of firearms has been filed with the court or clerk. Respondents, once served, should be able to sign up for similar electronic notification. Petitioners and respondents should not be charged for electronic notification.

4. Enable online forms suited for e-filing

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Develop and distribute standard forms for petitions and orders issued under this chapter, and facilitate the use of online forms for electronic filings.

5. Provide information brochures electronically in English and other languages

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Develop and distribute instructions and informational brochures regarding protection orders and a court staff handbook on the protection order process, which shall be made available online to view and download at no cost. Developing additional methods to inform the public about protection orders in understandable terms and in languages other than English through videos and social media should also be considered. The instructions, brochures, forms, and handbook must be prepared in consultation with civil legal aid, culturally specific advocacy programs, and domestic violence and sexual assault advocacy programs.

6. Provide online a list of community resources (crisis intervention, behavioral health, interpreter etc) county's top 6 languages including English.

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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

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If service cannot be completed within 10 calendar days, the law enforcement officer shall notify the petitioner. The petitioner shall provide information sufficient to permit notification. Law enforcement shall continue to attempt to complete service unless otherwise directed by the court. In the event that the petitioner does not provide a service address for the respondent or there is evidence that the respondent is evading service, the law enforcement officer shall use law enforcement databases to assist in locating the respondent;

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.

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Courts should provide the parties, in orders setting the hearing, with a telephone number and an email address for the court, which the parties may use to inform the court if they have been unable to appear remotely for a hearing. Before dismissing or granting a petition due to the petitioner or respondent not appearing for a remote hearing, or the court not being able to reach the party via telephone or video, the court shall check for any notifications to the court regarding issues with remote access or other technological difficulties. If any party has provided such notification to the court, the court shall not dismiss or grant the petition, but shall reset the hearing by continuing it and reissuing any temporary order in place. If a party was unable to provide the notification regarding issues with remote access or other technological difficulties on the day of the hearing prior to the court's ruling, that party may seek relief via a motion for reconsideration; and

10. Courts to electronically notify the petitioner of the outcome of the compliance hearing

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The court shall use its best efforts to notify the petitioner 24 of the outcome of the compliance hearing including, but not limited 25 to, informing the petitioner on whether the respondent is found to be 26 out of compliance with an order to surrender and prohibit weapons. 27 Such notice should be provided to the petitioner by electronic means 28 if possible, but may also be made by telephone or another method that 29 allows notification to be provided without unnecessary delay.

11. Law enforcement to notify the courts when the concealed pistol license is surrendered

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Provide the court with verification that any concealed pistol license issued to the respondent has been surrendered and that a law 14 enforcement agency with authority to revoke the license has been 15 notified.

12. Department of Licensing to notify Law enforcement to revoke concealed pistol license

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If the respondent does have a concealed pistol license, the department of licensing shall immediately notify a law enforcement agency that the court has directed the revocation of the license. The law enforcement agency, upon receipt of such notification, shall immediately revoke the 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

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If the court corrects an error in an order, the court shall provide notice of the correction to the parties and the person who notified the court of the error, and shall provide a copy of the corrected order. The court shall direct the clerk to forward the corrected order on or before the next judicial day to the law enforcement agency specified in the order.

14. Court must send a reminder about upcoming ERPO expiration

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The court must notify the petitioner of the impending expiration of an extreme risk protection order. Notice must be received by the petitioner 105 calendar days before the date the order expires.

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.

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In addition to any other penalty provided for by law, if a person under the age of ((eighteen)) 18 years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) 39 or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within ((twenty-four)) 24 hours and the person's privilege to drive shall be revoked under RCW 46.20.265, unless the offense is the 4 juvenile's first offense in violation of this section and has not 5 committed an offense while armed with a firearm, an unlawful 6 possession of a firearm offense, or an offense in violation of 7 chapter 66.44, 69.52, 69.41, or 69.50 RCW

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.

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In addition to any other penalty provided for by law, if a person under the age of ((eighteen)) 18 years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) 39 or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within ((twenty-four)) 24 hours and the person's privilege to drive shall be revoked under RCW 46.20.265, unless the offense is the 4 juvenile's first offense in violation of this section and has not 5 committed an offense while armed with a firearm, an unlawful 6 possession of a firearm offense, or an offense in violation of 7 chapter 66.44, 69.52, 69.41, or 69.50 RCW

17. Law enforcement to notify the court that concealed pistol license is surrendered and the authority to revoke is notified.

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Provide the court with verification that any concealed pistol 36 license issued to the respondent has been surrendered and the agency 37 with authority to revoke the license has been 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.

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If a law enforcement officer determines that ((an otherwise valid)) a Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order.

19. Department of licensing will provide online access law enforcement to the concealed pistol license application

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The department of licensing shall make available to law enforcement and corrections agencies, in an online format, all information received under this subsection.

20. Department of licensing may e-mail the concealed pistol license renewal notice to the licensee

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Alternatively, if the licensee provides an email address at the time of license application, the department of licensing may send the renewal notice to the licensee's email address. The notice must contain the date the concealed pistol license will expire, the amount of renewal fee, the penalty for late renewal, and instructions on how to renew the license

21. Law enforcement agencies may offer an online renewal for the concealed pistol license

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By October 1, 2019, law enforcement agencies that issue concealed pistol licenses shall develop and implement a procedure for the renewal of concealed pistol licenses through a mail application process, and may develop an online renewal application process, for any person who, as a member of the armed forces, including the national guard and armed forces reserves, is unable to renew his or 16 her license under subsections and of this section because of the person's assignment, reassignment, or deployment for out-of-state military service.

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.

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Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs shall create and operate a statewide automated protected person notification system to automatically notify a registered person via the registered person's choice of telephone or email when a respondent subject to a court order specified in (b) of this subsection has attempted to purchase or acquire a firearm and been denied based on a background check or completed and submitted firearm purchase or transfer application that indicates the respondent is ineligible to possess a firearm under state or federal law. The system must permit a person to register for notification, or a registered person to update the person's registration information, for the statewide automated protected person notification system by calling a toll-free telephone number or by accessing 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,

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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.

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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.

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The clerk of the court shall have a copy of any order issued under this chapter, as well as the petition for a protection order and any supporting materials, electronically forwarded on or before the next judicial day to the law enforcement agency specified in the order for service upon the resident

26. Courts may authorize electronic servicing to vulnerable adults if the personal service fails.

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When good faith attempts to personally serve the vulnerable adult have been unsuccessful, the court shall permit service by electronic means or by mail.

Here's the bill with the relevant sections highlighted

1320-S2-PL_Highlighted

Posted in Civil Protection Order General

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