SB 6362

S-6052.1
  SENATE BILL 6362
State of Washington       69th Legislature       2026 Regular Session
By Senator Hasegawa
1     AN ACT Relating to judicial processes; amending RCW 2.43.070,
2 7.105.200, 7.105.205, 7.105.245, 7.105.255, 7.105.310, 7.105.450, and
3 9.73.030; adding a new section to chapter 7.105 RCW; and creating a
4 new section.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6     Sec. 1. RCW 2.43.070 and 2025 c 55 s 8 are each amended to read
7 as follows:
8     (1) Subject to the availability of funds, the administrative
9 office of the courts shall establish and maintain a credentialing
10 program for spoken language interpreters and administer comprehensive
11 testing.
12     (2) The administrative office of the courts shall work
13 cooperatively with public or private educational institutions, and
14 with other public or private organizations to establish suitable
15 training programs and engage in recruitment efforts to ensure the
16 availability of credentialed interpreters. Training programs shall be
17 made readily available in both eastern and western Washington
18 locations. Training programs shall include trainings on mutually
19 unintelligible languages.
  p. 1  SB 6362
1     (3) The administrative office of the courts shall establish and
2 adopt standards of proficiency, written and oral, and, if applicable,
3 tonal, in English and the language to be interpreted.
4     (4) The administrative office of the courts shall conduct
5 periodic examinations to ensure the availability of credentialed
6 interpreters. Periodic examinations shall be made readily available
7 in both eastern and western Washington locations.
8     (5) The administrative office of the courts shall compile,
9 maintain, and disseminate a current list of interpreters credentialed
10 by the office.
11     (6) The administrative office of the courts may charge reasonable
12 fees for testing, training, and credentialing.
13     (7) The administrative office of the courts may create different
14 credentials,   including  heightened   credentials  for  interpreters
15 interpreting in the simultaneous mode, and provide guidance for the
16 selection and use of credentialed and noncredentialed interpreters to
17 ensure the highest standards of accuracy are maintained in all
18 judicial proceedings.
19     Sec. 2.   RCW 7.105.200 and 2022 c 268 s 12 are each amended to
20 read as follows:
21     In hearings under this chapter, the following apply:
22     (1) Hearings under this chapter are special proceedings. The
23 procedures established under this chapter for protection order
24 hearings supersede inconsistent civil court rules. Courts should
25 evaluate the needs and procedures best suited to individual hearings
26 based on consideration of the totality of the circumstances,
27 including disparities that may be apparent in the parties' resources
28 and representation by counsel.
29     (2)(a) Courts shall prioritize hearings on petitions for ex parte
30 temporary protection orders over less emergent proceedings.
31     (b) For extreme risk protection order hearings where a law
32 enforcement agency is the petitioner, the court shall prioritize
33 scheduling because of the importance of immediate temporary removal
34 of firearms in situations of extreme risk and the goal of minimizing
35 the time law enforcement must otherwise wait for a particular case to
36 be called, which can hinder their other patrol and supervisory
37 duties. Courts also may allow a law enforcement petitioner to
38 participate remotely, or allow another representative from that law
39 enforcement agency or the prosecutor's office to present the
  p. 2  SB 6362
1 information to the court if personal presence of the petitioning
2 officer is not required for testimonial purposes.
3     (3) If the respondent does not appear for the full hearing and
4 there is no proof of timely and proper service on the respondent, the
5 court shall reissue any temporary protection order previously issued
6 and reset the hearing date. If a temporary protection order is
7 reissued, the court shall reset the hearing date not later than 14
8 days from the reissue date. If a temporary protection order is
9 reissued and the court permits service by mail or by publication, the
10 court shall reset the hearing date not later than 30 days from the
11 date of the order authorizing such service. These time frames may be
12 extended for good cause.
13     (4) When considering any request to stay, continue, or delay a
14 hearing under this chapter because of the pendency of a parallel
15 criminal investigation or prosecution of the respondent, courts shall
16 apply a rebuttable presumption against such delay and give due
17 recognition to the purpose of this chapter to provide victims quick
18 and effective relief. Courts must consider on the record the
19 following factors:
20     (a) The extent to which a defendant's Fifth Amendment rights are
21 or are not implicated, given the special nature of protection order
22 proceedings, which burden a defendant's Fifth Amendment privilege
23 substantially less than do other civil proceedings;
24     (b) Similarities between the civil and criminal cases;
25     (c) Status of the criminal case;
26     (d) The interests of the petitioners in proceeding expeditiously
27 with litigation and the potential prejudice and risk to petitioners
28 of a delay;
29     (e) The burden that any particular aspect of the proceeding may
30 impose on respondents;
31     (f) The convenience of the court in the management of its cases
32 and the efficient use of judicial resources;
33     (g) The interests of persons not parties to the civil litigation;
34 and
35     (h) The interest of the public in the pending civil and criminal
36 litigation.
37     (5) Hearings may be conducted upon the information provided in
38 the sworn petition, live testimony of the parties should they choose
39 to testify, and any additional sworn declarations. Live testimony of
40 witnesses other than the parties may be requested by a party, but
  p. 3  SB 6362
1 shall not be permitted unless the court finds that live testimony of
2 witnesses other than the parties is necessary and material. If either
3 party requests a continuance to allow for proper notice of witnesses
4 or to afford a party time to seek counsel, the court may continue the
5 hearing. In considering the request, the court should consider the
6 rebuttable presumption against delay and the purpose of this chapter
7 to provide victims quick and effective relief.
8     (6) If the court continues a hearing for any reason, the court
9 shall reissue any temporary orders, including orders to surrender and
10 prohibit weapons, issued with or without notice.
11     (7) Prehearing discovery under the civil court rules, including,
12 but not limited to, depositions, requests for production, or requests
13 for admission, is disfavored and only permitted if specifically
14 authorized by the court for good cause shown upon written motion of a
15 party filed six judicial days prior to the hearing and served prior
16 to the hearing.
17     (8) The rules of evidence need not be applied, other than with
18 respect to privileges, the requirements of the rape shield statute
19 under RCW 9A.44.020, and evidence rules 412 and 413.
20     (9)(a) The prior sexual activity or the reputation of the
21 petitioner is inadmissible except:
22     (i) As evidence concerning the past sexual conduct of the
23 petitioner with the respondent when this evidence is offered by the
24 respondent upon the issue of whether the petitioner consented to the
25 sexual conduct alleged for the purpose of a protection order; or
26     (ii) When constitutionally required to be admitted.
27     (b) To determine admissibility, a written motion must be made six
28 judicial days prior to the protection order hearing. The motion must
29 include an offer of proof of the relevancy of the proposed evidence
30 and reasonably specific information as to the date, time, and place
31 of the past sexual conduct between the petitioner and the respondent.
32 If the court finds that the offer of proof is relevant to the issue
33 of the victim's consent, the court shall conduct a hearing in camera.
34 The court may not admit evidence under this subsection unless it
35 determines at the hearing that the evidence is relevant and the
36 probative value of the evidence outweighs the danger of unfair
37 prejudice. The evidence shall be admissible at the hearing to the
38 extent an order made by the court specifies the evidence that may be
39 admitted. If the court finds that the motion and related documents
  p. 4  SB 6362
1 should be sealed pursuant to court rule and governing law, it may
2 enter an order sealing the documents.
3     (10) When a petitioner has alleged incapacity to consent to
4 sexual conduct or sexual penetration due to intoxicants, alcohol, or
5 other condition, the court must determine on the record whether the
6 petitioner had the capacity to consent.
7     (11) Courts shall not require parties to submit duplicate or
8 working copies of pleadings or other materials filed with the court,
9 unless the document or documents cannot be scanned or are illegible.
10     (12) Courts shall, if possible, have petitioners and respondents
11 in protection order proceedings gather in separate locations and
12 enter and depart the court room at staggered times. Where the option
13 is available, for safety purposes, the court should arrange for
14 petitioners to leave the court premises first and to have court
15 security escort petitioners to their vehicles or transportation.
16     (13) If a party has limited English proficiency, the court shall
17 ensure that such party has reasonable time to confer with an
18 interpreter appointed under RCW 7.105.245 during court recesses
19 before continuing a hearing.
20     Sec. 3.   RCW 7.105.205 and 2022 c 268 s 13 are each amended to
21 read as follows:
22     (1) Hearings on protection orders, including hearings concerning
23 temporary protection orders, full protection orders, compliance,
24 reissuance, renewal, modification, or termination, may be conducted
25 in person or remotely in order to enhance access for all parties.
26     (2) In the court's discretion, parties, witnesses, and others
27 authorized by this chapter to participate in protection order
28 proceedings may attend a hearing on a petition for a protection
29 order, or any hearings conducted pursuant to this chapter, in person
30 or remotely, including by telephone, video, or other electronic means
31 where possible. No later than three judicial days before the hearing,
32 the parties may request to appear at the hearing, with witnesses,
33 remotely by telephone, video, or other electronic means. The court
34 shall grant any request for a remote appearance unless the court
35 finds good cause to require in-person attendance or attendance
36 through a specific means.
37     (3) Courts shall require assurances of the identity of persons
38 who appear by telephone, video, or other electronic means. Courts may
39 not charge fees for remote appearances.
  p. 5  SB 6362
1     (4) Courts shall not post or stream proceedings or recordings of
2 protection order hearings online unless (a) a waiver has been
3 received from all parties, or (b) the hearing is being conducted
4 online and members of the public do not have in-person access to
5 observe or listen to the hearing. Unless the court orders a hearing
6 to be closed to the public consistent with the requirements of
7 Washington law, courts should provide access to members of the public
8 who wish to observe or listen to a hearing conducted by telephone,
9 video, or other electronic means.
10     (5) If a hearing is held with any parties or witnesses appearing
11 remotely, the following apply:
12     (a) Courts should include directions to access a hearing remotely
13 in the order setting the hearing and in any order granting a party's
14 request for a remote appearance. Such orders shall also include
15 directions   to  request   an  interpreter  and   accommodations  for
16 disabilities;
17     (b) Courts should endeavor to give a party or witness appearing
18 by telephone no more than a one-hour waiting time by the court for
19 the hearing to begin. For remote hearings, if the court anticipates
20 the parties or witnesses will need to wait longer than one hour to be
21 called or connected, the court should endeavor to inform them of the
22 estimated start time of the hearing;
23     (c) Courts should inform the parties before the hearing begins
24 that the hearing is being recorded by the court, in what manner the
25 public is able to view the hearing, how a party may obtain a copy of
26 the recording of the hearing, and that recording or broadcasting any
27 portion of the hearing by any means other than the court record is
28 strictly prohibited without prior court approval;
29     (d) To minimize trauma, while allowing remote hearings to be
30 observed by the public, courts should take appropriate measures to
31 prevent members of the public or the parties from harassing or
32 intimidating any party or witness to a case. Such practices may
33 include, but are not limited to, disallowing members of the public
34 from communicating with the parties or with the court during the
35 hearing, ensuring court controls over microphone and viewing
36 settings, and announcing limitations on allowing others to record the
37 hearing;
38     (e) Courts shall use technology that accommodates American sign
39 language and other languages;
  p. 6  SB 6362
1     (f) To help ensure that remote access does not undermine personal
2 safety or privacy, or introduce other risks, courts should protect
3 the privacy of telephone numbers, emails, and other contact
4 information for parties, witnesses, and others authorized by this
5 chapter to participate in protection order proceedings, and inform
6 them of these safety considerations. Materials available to persons
7 appearing remotely should include warnings not to state their
8 addresses or telephone numbers at the hearing, and that they should
9 ensure that background surroundings do not reveal their location;
10     (g) Courts should provide the parties, in orders setting the
11 hearing, with a telephone number and an email address for the court,
12 which the parties may use to inform the court if they have been
13 unable to appear remotely for a hearing. Before dismissing or
14 granting a petition due to the petitioner or respondent not appearing
15 for a remote hearing, or the court not being able to reach the party
16 via telephone or video, the court shall check for any notifications
17 to the court regarding issues with remote access or other
18 technological   difficulties.   If   any  party   has   provided  such
19 notification to the court, the court shall not dismiss or grant the
20 petition, but shall reset the hearing by continuing it and reissuing
21 any temporary order in place. If a party was unable to provide the
22 notification   regarding   issues   with   remote   access   or  other
23 technological difficulties on the day of the hearing prior to the
24 court's ruling, that party may seek relief via a motion for
25 reconsideration; and
26     (h) A party attending a hearing remotely who is unable to
27 participate in the hearing outside the presence of others who reside
28 with the party, but who are not part of the proceeding including, but
29 not limited to, children, and who asserts that the presence of those
30 individuals may hinder the party's testimony or the party's ability
31 to fully and meaningfully participate in the hearing, may request a
32 continuance on that basis. Such requests may be granted in the
33 court's discretion. In considering the request, the court may
34 consider the rebuttable presumption against delay and the purpose of
35 this chapter to provide victims quick and effective relief.
36     (6) If an interpreter is appointed pursuant to RCW 7.105.245(2)
37 for any remote hearing conducted pursuant to this chapter, and if the
38 interpreter   is   appearing   remotely  and   interpreting   in  the
39 simultaneous mode, then such interpretation must be recorded.
  p. 7  SB 6362
1     Sec. 4.   RCW 7.105.245 and 2025 c 55 s 12 are each amended to
2 read as follows:
3     (1) Pursuant to chapter 2.42 RCW, in order to ensure that parties
4 have meaningful access to the court, an interpreter shall be
5 appointed for any party who is deaf, hard of hearing, deaf-blind, or
6 has a speech impairment and cannot readily understand or communicate
7 in spoken language. Notwithstanding the provisions of chapter 2.42
8 RCW, the court shall not:
9     (a) Appoint an interpreter who is not credentialed or duly
10 qualified by the court to provide interpretation services; or
11     (b) Appoint a person to provide interpretation services if that
12 person is serving as an advocate for the party.
13     (2) Pursuant to chapter 2.43 RCW, in order to ensure that parties
14 have meaningful access to the court, an interpreter shall be
15 appointed for any party who has limited English proficiency.
16 Notwithstanding the provisions of chapter 2.43 RCW, the court shall
17 not:
18     (a) Appoint an interpreter who is not credentialed or duly
19 qualified by the court to provide interpretation services; ((or))
20      (b) Appoint a person to provide interpretation services if that
21 person is serving as an advocate for the party; or
22      (c) Require interpretation in the simultaneous mode, unless
23 requested by the party who needs interpreter services.
24      (3) Once an interpreter has been appointed for a party, the party
25 shall no longer be required to make further requests for the
26 appointment of an interpreter for subsequent hearings or proceedings.
27 The clerk shall identify the party as a person who needs interpreter
28 services and the clerk or the court administrator shall be
29 responsible for ensuring that an interpreter is available for every
30 subsequent hearing.
31      (4) The interpreter shall interpret for the party meeting with
32 either counsel or court staff, or both, for the purpose of preparing
33 forms and participating in the hearing and court-ordered assessments,
34 and the interpreter shall sight translate any orders.
35      (5) The same interpreter shall not serve parties on both sides of
36 the proceeding when not on the record, nor shall the interpreter
37 appointed by the court for the proceeding be the same interpreter
38 appointed for any court-ordered assessments, unless the court finds
39 good cause on the record to do so because it is not possible to
40 obtain more than one interpreter for the proceeding, or the safety of
  p. 8  SB 6362
1 the litigants is not compromised, or any other reasons identified by
2 the court.
3     (6) Courts shall make a private space available for parties,
4 counsel, and/or court staff and interpreters to sight translate any
5 written documents or to meet and confer.
6     (7) When a hearing is conducted through telephone, video, or
7 other electronic means, the court must make appropriate arrangements
8 to permit interpreters to serve the parties and the court as needed.
9     (8) Courts shall ensure that interpretations in the simultaneous
10 mode occur in maximum intervals of 30 minutes.
11     (9) The court shall ensure that a party participating in a
12 hearing in person has meaningful access to the court by providing
13 necessary technology and software to such party if the party is
14 appointed an interpreter under subsection (2) of this section and the
15 interpretation is conducted in the simultaneous mode.
16     Sec. 5. RCW 7.105.255 and 2023 c 462 s 202 are each amended to
17 read as follows:
18     (1) To help ensure familiarity with the unique nature of
19 protection order proceedings, and an understanding of trauma-informed
20 practices and best practices in the use of new technologies for
21 remote hearings, judicial officers, including persons who serve as
22 judicial officers pro tempore, ((should)) shall receive evidence-
23 based training on procedural justice, trauma-informed and trauma-
24 responsive   practices,  gender-based   violence  dynamics,  coercive
25 control, elder abuse, juvenile sex offending, teen dating violence,
26 domestic violence homicide prevention, antibias, antioppression, and
27 requirements and best practices for the surrender of weapons before
28 presiding over protection order hearings. Trainings should be
29 provided on an ongoing basis as best practices, research on trauma,
30 and legislation continue to evolve. As a method of continuous
31 training, court commissioners, including pro tempore commissioners,
32 shall be notified by the presiding judge or court administrator upon
33 revision of any decision made under this chapter.
34     (2) Subject to funds appropriated for this specific purpose, the
35 administrative office of the courts shall ((develop)):
36     (a) Develop training for judicial officers on the topics listed
37 in subsection (1) of this section, which must be provided free of
38 charge to judicial officers; and
  p. 9  SB 6362
1     (b) Develop special certification for judicial officers who have
2 completed trauma-informed practices training.
3      NEW SECTION.   Sec. 6.   A new section is added to chapter 7.105
4  RCW to read as follows:
5      Subject to the availability of amounts appropriated for this
6  specific purpose, the administrative office of the courts shall
7  conduct a review of judicial officers' rulings under RCW 7.105.225
8  from the beginning of the year 2017 through the end of the year 2027.
9     Sec. 7.   RCW 7.105.310 and 2025 c 122 s 2 are each amended to
10 read as follows:
11     (1) In issuing any type of protection order, other than an ex
12 parte temporary antiharassment protection order as limited by
13 subsection (2) of this section, and other than an extreme risk
14 protection order, the court shall have broad discretion to grant such
15 relief as the court deems proper, including an order that provides
16 relief as follows:
17     (a) Restrain the respondent from committing any of the following
18 acts against the petitioner and other persons protected by the order:
19 Domestic violence; nonconsensual sexual conduct or nonconsensual
20 sexual penetration; sexual abuse; stalking; acts of abandonment,
21 abuse, neglect, or financial exploitation against a vulnerable adult;
22 and unlawful harassment;
23     (b) Restrain the respondent from making any attempts to have
24 contact, including nonphysical contact, with the petitioner or the
25 petitioner's family or household members who are minors or other
26 members of the petitioner's household, either directly, indirectly,
27 or through third parties regardless of whether those third parties
28 know of the order;
29     (c) Exclude the respondent from the residence that the parties
30 share;
31     (d) Exclude the respondent from the residence, workplace, or
32 school of the petitioner; or from the day care or school of a minor
33 child;
34     (e) Restrain the respondent from knowingly coming within, or
35 knowingly remaining within, a specified distance from a specified
36 location including, but not limited to, a residence, school, day
37 care, workplace, the protected party's person, and the protected
38 party's vehicle. The specified distance shall presumptively be at
  p. 10  SB 6362
1 least 1,000 feet, unless the court for good cause finds that a
2 shorter specified distance is appropriate;
3     (f) If the parties have children in common, make residential
4 provisions with regard to their minor children on the same basis as
5 is provided in chapter 26.09 RCW. However, parenting plans as
6 specified in chapter 26.09 RCW must not be required under this
7 chapter. The court may not delay or defer relief under this chapter
8 on the grounds that the parties could seek a parenting plan or
9 modification to a parenting plan in a different action. A protection
10 order must not be denied on the grounds that the parties have an
11 existing parenting plan in effect. A protection order may suspend the
12 respondent's contact with the parties' children under an existing
13 parenting plan, subject to further orders in a family law proceeding;
14     (g) Order the respondent to participate in a state-certified
15 domestic violence perpetrator treatment program approved under RCW
16 43.20A.735 or a state-certified sex offender treatment program
17 approved under RCW 18.155.070;
18     (h) Order the respondent to obtain a mental health or chemical
19 dependency evaluation. If the court determines that a mental health
20 evaluation is necessary, the court shall clearly document the reason
21 for this determination and provide a specific question or questions
22 to be answered by the mental health professional. The court shall
23 consider the ability of the respondent to pay for an evaluation.
24 Minors are presumed to be unable to pay. The parent or legal guardian
25 is responsible for costs unless the parent or legal guardian
26 demonstrates inability to pay;
27     (i) In cases where the petitioner and the respondent are students
28 who attend the same public or private elementary, middle, or high
29 school, the court, when issuing a protection order and providing
30 relief, shall consider, among the other facts of the case, the
31 severity of the act, any continuing physical danger, emotional
32 distress, or educational disruption to the petitioner, and the
33 financial difficulty and educational disruption that would be caused
34 by a transfer of the respondent to another school. The court may
35 order that the respondent not attend the public or private
36 elementary, middle, or high school attended by the petitioner. If a
37 minor respondent is prohibited attendance at the minor's assigned
38 public school, the school district must provide the student
39 comparable educational services in another setting. In such a case,
40 the district shall provide transportation at no cost to the
  p. 11  SB 6362
1 respondent if the respondent's parent or legal guardian is unable to
2 pay for transportation. The district shall put in place any needed
3 supports to ensure successful transition to the new school
4 environment. The court shall send notice of the restriction on
5 attending the same school as the petitioner to the public or private
6 school the respondent will attend and to the school the petitioner
7 attends;
8     (j) Require the respondent to pay the administrative court costs
9 and service fees, as established by the county or municipality
10 incurring the expense, and to reimburse the petitioner for costs
11 incurred in bringing the action, including reasonable attorneys' fees
12 or limited license legal technician fees when such fees are incurred
13 by a person licensed and practicing in accordance with state supreme
14 court admission and practice rule 28, the limited practice rule for
15 limited license legal technicians. Minors are presumed to be unable
16 to pay. The parent or legal guardian is responsible for costs unless
17 the parent or legal guardian demonstrates inability to pay;
18     (k)   Restrain   the   respondent   from  harassing,   following,
19 monitoring, keeping under physical or electronic surveillance, cyber
20 harassment as defined in RCW 9A.90.120, and using telephonic,
21 audiovisual, or other electronic means to monitor the actions,
22 location, or communication of the petitioner or the petitioner's
23 family or household members who are minors or other members of the
24 petitioner's household. For the purposes of this subsection,
25 "communication" includes both "wire communication" and "electronic
26 communication" as defined in RCW 9.73.260;
27     (l) Other than for respondents who are minors, require the
28 respondent to submit to electronic monitoring. The order must specify
29 who shall provide the electronic monitoring services and the terms
30 under which the monitoring must be performed. The order also may
31 include a requirement that the respondent pay the costs of the
32 monitoring. The court shall consider the ability of the respondent to
33 pay for electronic monitoring;
34     (m) Consider the provisions of RCW 9.41.800, and order the
35 respondent to surrender, and prohibit the respondent from accessing,
36 having in his or her custody or control, possessing, purchasing,
37 attempting to purchase or receive, or receiving, all firearms,
38 dangerous weapons, and any concealed pistol license, as required in
39 RCW 9.41.800;
  p. 12  SB 6362
1     (n) Order possession and use of essential personal effects. The
2 court shall list the essential personal effects with sufficient
3 specificity to make it clear which property is included. Personal
4 effects may include pets. The court may order that a petitioner be
5 granted the exclusive custody or control of any pet owned, possessed,
6 leased, kept, or held by the petitioner, respondent, or minor child
7 residing with either the petitioner or respondent, and may prohibit
8 the respondent from interfering with the petitioner's efforts to
9 obtain the pet. The court may also prohibit the respondent from
10 knowingly coming within, or knowingly remaining within, a specified
11 distance of specified locations where the pet is regularly found;
12     (o) Order use of a vehicle;
13     (p) Enter an order restricting the respondent from engaging in
14 abusive litigation as set forth in chapter 26.51 RCW or in frivolous
15 filings against the petitioner, making harassing or libelous
16 communications about the petitioner to third parties, ((or)) making
17 false reports to investigative agencies, or engaging in abusive use
18 of process. A petitioner may request this relief in the petition or
19 by separate motion. A petitioner may request this relief by separate
20 motion at any time within five years of the date the protection order
21 is entered even if the order has since expired. A stand-alone motion
22 for an order restricting abusive litigation may be brought by a party
23 who meets the requirements of chapter 26.51 RCW regardless of whether
24 the party has previously sought a protection order under this
25 chapter, provided the motion is made within five years of the date
26 the order that made a finding of domestic violence was entered. In
27 cases where a finding of domestic violence was entered pursuant to an
28 order under chapter 26.09, 26.26, or 26.26A RCW, a motion for an
29 order restricting abusive litigation may be brought under the family
30 law case or as a stand-alone action filed under this chapter, when it
31 is not reasonable or practical to file under the family law case;
32     (q) Restrain the respondent from committing acts of abandonment,
33 abuse, neglect, or financial exploitation against a vulnerable adult;
34     (r) Require an accounting by the respondent of the disposition of
35 the vulnerable adult's income or other resources;
36     (s) Restrain the transfer of either the respondent's or
37 vulnerable adult's property, or both, for a specified period not
38 exceeding 90 days;
39     (t) Order financial relief and restrain the transfer of jointly
40 owned assets;
  p. 13  SB 6362
1     (u) Restrain the respondent from possessing or distributing
2 intimate images, as defined in RCW 9A.86.010, depicting the
3 petitioner including, but not limited to, requiring the respondent
4 to: Take down and delete all intimate images and recordings of the
5 petitioner in the respondent's possession or control; and cease any
6 and all disclosure of those intimate images. The court may also
7 inform the respondent that it would be appropriate to ask third
8 parties in possession or control of the intimate images of this
9 protection order to take down and delete the intimate images so that
10 the order may not inadvertently be violated; or
11     (v) Order other relief as it deems necessary for the protection
12 of the petitioner and other family or household members who are
13 minors or vulnerable adults for whom the petitioner has sought
14 protection, including orders or directives to a law enforcement
15 officer, as allowed under this chapter.
16     (2) In an antiharassment protection order proceeding, the court
17 may grant the relief specified in subsection (1)(c), (f), and (t) of
18 this section only as part of a full antiharassment protection order.
19     (3) The court in granting a temporary antiharassment protection
20 order or a civil antiharassment protection order shall not prohibit
21 the respondent from exercising constitutionally protected free
22 speech. Nothing in this section prohibits the petitioner from
23 utilizing other civil or criminal remedies to restrain conduct or
24 communications not otherwise constitutionally protected.
25     (4) The court shall not take any of the following actions in
26 issuing a protection order.
27     (a) The court may not order the petitioner to obtain services
28 including, but not limited to, drug testing, victim support services,
29 a mental health assessment, or a psychological evaluation.
30     (b) The court shall not issue a full protection order to any
31 party except upon notice to the respondent and the opportunity for a
32 hearing pursuant to a petition or counter-petition filed and served
33 by the party seeking relief in accordance with this chapter. Except
34 as provided in RCW 7.105.210, the court shall not issue a temporary
35 protection order to any party unless the party has filed a petition
36 or counter-petition for a protection order seeking relief in
37 accordance with this chapter.
38     (c) Under no circumstances shall the court deny the petitioner
39 the type of protection order sought in the petition on the grounds
  p. 14  SB 6362
1 that the court finds that a different type of protection order would
2 have a less severe impact on the respondent.
3     (5) The order shall specify the date the order expires, if any.
4 For permanent orders, the court shall set the date to expire 99 years
5 from the issuance date. The order shall also state whether the court
6 issued the protection order following personal service, service by
7 electronic means, service by mail, or service by publication, and
8 whether the court has approved service by mail or publication of an
9 order issued under this section.
10     (6) Issuing mutual full protection orders of any type is
11 disfavored.
12     Sec. 8.   RCW 7.105.450 and 2024 c 137 s 2 are each amended to
13 read as follows:
14     (1)(a) Whenever a domestic violence protection order, a sexual
15 assault protection order, a stalking protection order, or a
16 vulnerable adult protection order is granted under this chapter, or
17 an order is granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A,
18 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or there is a valid
19 foreign protection order as defined in RCW 26.52.020, or there is a
20 Canadian domestic violence protection order as defined in RCW
21 26.55.010, and the respondent or person to be restrained knows of the
22 order, a violation of any of the following provisions of the order is
23 a gross misdemeanor, except as provided in subsections (4) and (5) of
24 this section:
25     (i) The restraint provisions prohibiting acts or threats of
26 violence against, or stalking of, a protected party, or the restraint
27 provisions prohibiting contact with a protected party;
28     (ii) A provision excluding the person from a residence,
29 workplace, school, or day care;
30     (iii) A provision prohibiting the person from knowingly coming
31 within, or knowingly remaining within, a specified distance of a
32 location, a protected party's person, or a protected party's vehicle;
33     (iv) A provision prohibiting interfering with the protected
34 party's efforts to remove a pet owned, possessed, leased, kept, or
35 held by the petitioner, the respondent, or a minor child residing
36 with either the petitioner or the respondent; or
37     (v) A provision of a foreign protection order or a Canadian
38 domestic violence protection order specifically indicating that a
39 violation will be a crime.
  p. 15  SB 6362
1     (b) Upon conviction, and in addition to any other penalties
2 provided by law, the court:
3     (i) May require that the respondent submit to electronic
4 monitoring. The court shall specify who must provide the electronic
5 monitoring services and the terms under which the monitoring must be
6 performed. The order also may include a requirement that the
7 respondent pay the costs of the monitoring. The court shall consider
8 the ability of the convicted person to pay for electronic monitoring;
9 and
10     (ii) Shall impose a fine of $15, in addition to any penalty or
11 fine imposed, for a violation of a domestic violence protection order
12 issued under this chapter. Revenue from the $15 fine must be remitted
13 monthly to the state treasury for deposit in the domestic violence
14 prevention account.
15     (2) A law enforcement officer shall arrest without a warrant and
16 take into custody a person whom the law enforcement officer has
17 probable cause to believe has violated a domestic violence protection
18 order, a sexual assault protection order, a stalking protection
19 order, or a vulnerable adult protection order, or an order issued
20 under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09,
21 26.26A, or 26.26B RCW, or a valid foreign protection order as defined
22 in RCW 26.52.020, or a Canadian domestic violence protection order as
23 defined in RCW 26.55.010, that restrains the person or excludes the
24 person from a residence, workplace, school, or day care, or prohibits
25 the person from knowingly coming within, or knowingly remaining
26 within, a specified distance of a location, a protected party's
27 person, or a protected party's vehicle, if the person restrained
28 knows of the order. Presence of the order in the law enforcement
29 computer-based criminal intelligence information system is not the
30 only means of establishing knowledge of the order.
31     (3)(a) A violation of a domestic violence protection order, a
32 sexual assault protection order, a stalking protection order, or a
33 vulnerable adult protection order, or an order issued under chapter
34 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or
35 26.26B RCW, or a valid foreign protection order as defined in RCW
36 26.52.020, or a Canadian domestic violence protection order as
37 defined in RCW 26.55.010, shall also constitute contempt of court,
38 and is subject to the penalties prescribed by law.
39     (b) A court, pursuant to its authority under chapter 7.21 RCW,
40 shall initiate a contempt proceeding on its own motion when there is
  p. 16  SB 6362
1 probable cause to believe that the respondent violated an order
2 listed in this subsection.
3     (4) Any assault that is a violation of a domestic violence
4 protection order, a sexual assault protection order, a stalking
5 protection order, or a vulnerable adult protection order, or an order
6 issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99,
7 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as
8 defined in RCW 26.52.020, or a Canadian domestic violence protection
9 order as defined in RCW 26.55.010, and that does not amount to
10 assault in the first or second degree under RCW 9A.36.011 or
11 9A.36.021 is a class C felony, and any conduct in violation of such
12 an order that is reckless and creates a substantial risk of death or
13 serious physical injury to another person is a class C felony.
14     (5) A violation of a domestic violence protection order, a sexual
15 assault protection order, a stalking protection order, or a
16 vulnerable adult protection order, or a court order issued under
17 chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09,
18 26.26A, or 26.26B RCW, or a valid foreign protection order as defined
19 in RCW 26.52.020, or a Canadian domestic violence protection order as
20 defined in RCW 26.55.010, is a class C felony if the offender has at
21 least two previous convictions for violating the provisions of a
22 domestic violence protection order, a sexual assault protection
23 order, a stalking protection order, or a vulnerable adult protection
24 order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88,
25 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign
26 protection order as defined in RCW 26.52.020, or a Canadian domestic
27 violence protection order as defined in RCW 26.55.010. The previous
28 convictions may involve the same victim or other victims specifically
29 protected by the orders the offender violated.
30     (6)(a) A defendant arrested for violating a domestic violence
31 protection   order,   sexual  assault   protection  order,   stalking
32 protection order, or vulnerable adult protection order, or an order
33 granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77,
34 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection
35 order as defined in RCW 26.52.020, or a Canadian domestic violence
36 protection order as defined in RCW 26.55.010, is required to appear
37 in person before a magistrate within one judicial day after the
38 arrest. At the time of the appearance, the court shall determine the
39 necessity of imposing a no-contact order or other conditions of
40 pretrial release.
  p. 17  SB 6362
1     (b) A defendant who is charged by citation, complaint, or
2 information with violating any protection order identified in (a) of
3 this subsection and not arrested shall appear in court for
4 arraignment in person as soon as practicable, but in no event later
5 than 14 days after the next day on which court is in session
6 following the issuance of the citation or the filing of the complaint
7 or information.
8     (7) Upon the filing of an affidavit by the petitioner or any law
9 enforcement officer alleging that the respondent has violated a
10 domestic violence protection order, a sexual assault protection
11 order, a stalking protection order, or a vulnerable adult protection
12 order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88,
13 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign
14 protection order as defined in RCW 26.52.020, or a Canadian domestic
15 violence protection order as defined in RCW 26.55.010, the court may
16 issue an order to the respondent, requiring the respondent to appear
17 and show cause within 14 days as to why the respondent should not be
18 found in contempt of court and punished accordingly. The hearing may
19 be held in the court of any county or municipality in which the
20 petitioner or respondent temporarily or permanently resides at the
21 time of the alleged violation.
22     (8) Appearances required under this section are mandatory and
23 cannot be waived.
24     Sec. 9.   RCW 9.73.030 and 2021 c 329 s 21 are each amended to
25 read as follows:
26     (1) Except as otherwise provided in this chapter, it shall be
27 unlawful for any individual, partnership, corporation, association,
28 or the state of Washington, its agencies, and political subdivisions
29 to intercept, or record any:
30     (a) Private communication transmitted by telephone, telegraph,
31 radio, or other device between two or more individuals between points
32 within or without the state by any device electronic or otherwise
33 designed to record and/or transmit said communication regardless how
34 such device is powered or actuated, without first obtaining the
35 consent of ((all)) one of the participants in the communication;
36     (b) Private conversation, by any device electronic or otherwise
37 designed to record or transmit such conversation regardless how the
38 device is powered or actuated without first obtaining the consent of
39 ((all)) one of the persons engaged in the conversation.
  p. 18  SB 6362
1     (2) ((Notwithstanding subsection (1) of this section, wire)) Wire
2 communications or conversations (a) of an emergency nature, such as
3 the reporting of a fire, medical emergency, crime, or disaster, or
4 (b) which convey threats of extortion, blackmail, bodily harm, or
5 other unlawful requests or demands, or (c) which occur anonymously or
6 repeatedly or at an extremely inconvenient hour, or (d) which relate
7 to communications by a hostage holder or barricaded person as defined
8 in RCW 70.85.100, whether or not conversation ensues, may be recorded
9 with the consent of one party to the conversation.
10     (3) Where consent by all parties is needed pursuant to this
11 chapter, consent shall be considered obtained whenever one party has
12 announced to all other parties engaged in the communication or
13 conversation,   in  any   reasonably  effective   manner,  that  such
14 communication or conversation is about to be recorded or transmitted:
15 PROVIDED, That if the conversation is to be recorded that said
16 announcement shall also be recorded.
17     (4) An employee of any regularly published newspaper, magazine,
18 wire service, radio station, or television station acting in the
19 course of bona fide news gathering duties on a full-time or
20 contractual or part-time basis, shall be deemed to have consent to
21 record   and  divulge   communications   or  conversations  otherwise
22 prohibited by this chapter if the consent is expressly given or if
23 the recording or transmitting device is readily apparent or obvious
24 to the speakers. Withdrawal of the consent after the communication
25 has been made shall not prohibit any such employee of a newspaper,
26 magazine, wire service, or radio or television station from divulging
27 the communication or conversation.
28     (5) This section does not apply to the recording of custodial
29 interrogations pursuant to RCW 10.122.040.
30NEW SECTION.   Sec. 10.   This act may be known and cited as Zhen's
31 law.
  --- END ---
  p. 19  SB 6362