2024 Legislative Changes Impacting the Superior Courts, County Clerks, and Juvenile Departments (2024)

Which laws passed during the 2024 Washington State Legislative session impact the Superior Courts, and what are those impacts?

A number of bills passed during the 2024 legislative session impacting the Superior Courts

This Answer contains:

• The Bill Number and a link to the complete text of the bill from the Washington State Legislature’s Web site.
• A brief summary of the changes or additions created by the bill
• Court Awareness/Court Impact/Court Action section address the specific system, code, law table, or form changes due to the bill. Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
• Effective date of the law.
• Updated items will be documented with *** and the updated item will be highlighted.
• Select the bill name in the table of contents below to advance directly to the details for the bill.

TABLE OF CONTENTS

• 2SHB 1205 - Service by Publication / Dependency
• ESHB 1300 – Assisted Reproduction Fraud
• ESHB 1493 – Impaired Driving
• 2SHB 1877 – Behavioral Health/Tribes
• HB 1958 – Nonconsensual Removal or Tampering with a Sexually Protective Devices
• SHB 1999 – Fabricated Intimate Images
• SHB 2048 – Domestic Violence/Sentencing
• ESHB 2153 – Catalytic Converter Theft
• SHB 2156 – Solar Consumer
• SHB 2217 – Juvenile Criminal Offenses
• HB 2260 – Alcohol Sale to Minors/Civil
• ESSB 5271 – Protecting Patients in Facilities Regulated by the Department of Health by Establishing Uniform Enforcement Tools
• SSB 5588 – Mental Health Sentencing Alternative
• ESSB 5589 – Probate
• ESSB 5778 - Protecting the Rights of Workers to Refrain from Attending Meetings or Listening to Their Employer's Speech on Political or Religious Matters
• ESSB 5796 – Common Interest Communities
• 2SSB 5825 – Guardianship
• ESSB 5891 – School Bus Trespass
• E2SSB 5937 – Crime Victims and Witnesses
• ESSB 5973 – Heat Pumps in Common Interest Communities
• ESSB 5974 – Unenforceable Legal Financial Obligations
• ESSB 5985 – Firearms Background Checks
• SSB 5998 – Vacation of Non-Felony Convictions
• 2SSB 6006 – Supporting Victims of Human Trafficking
• ESSB 6007 – Grocery Workers
• SB 6079 – Juvenile Detention Records—Access by Health Care Organizations
• E2SSB 6109 – Supporting Children and Families
• SSB 6146 –Tribal Warrants
• E2SSB 6175 - Housing Affordability Tax Incentives for Existing Structures
• SSB 6192 – Construction Project Change Orders
• E2SSB 6194 – State Legislative Employee Collective Bargaining
• SSB 6227 – Not Guilty by Reason of Insanity - Protection Orders
• ESB 6246 – Firearm Prohibitions – Mental Health

2SHB 1205 - Service by Publication / Dependency

• Bill #1205
• Summary – In Child Dependency cases, when the court orders notice, as described in RCW 65.16.020, to be published in a legal newspaper, the Petitioner is responsible for the cost of publication unless the Petitioner is a minor child or found to be an indigent parent or legal guardian. If the Petitioner is a minor child, the publication will be paid or reimbursed by the Office of Civil Legal Aid. If the Petitioner is an indigent parent or legal guardian, the publication will be paid for or reimbursed by the Office of Public Defense.
• Court Awareness–There may be additional requests for payment of costs made to the courts.
• Effective – January 31, 2026

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ESHB 1300 – Assisted Reproduction Fraud

• Bill #1300
• Summary –Assault in the third degree is expanded to include when a licensed health care provider implants or causes another to implant the provider's own gametes or reproductive material into a patient during an assisted reproduction procedure. List of unprofessional conduct for licensed health care providers under the Uniform Disciplinary Act is expanded to include when a licensee implants their own gametes or reproductive material into a patient.
• Court Awareness–Adds a new subsection to Assault 3^rd Degree, a class C felony.
• The list of law table changes can be found at the bottom of this answer.
• Effective – July 6, 2024

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ESHB 1493 – Impaired Driving

• Bill #1493
• Summary – This bill authorizes a person who was charged with a gross misdemeanor Driving Under the Influence (DUI) or Physical Control of a Vehicle Under the Influence (Physical Control) and granted a deferred prosecution to participate in a second deferred prosecution on the person's subsequent DUI or Physical Control charge if the person has no other prior convictions for prior offenses, or while under the court's jurisdiction for the first deferred prosecution, if the first deferred prosecution is revoked. It modifies the requirements for participation in a deferred prosecution depending on the nature of the petitioner's underlying problem. It also changes the period for reviewing prior convictions of impaired driving from a 10-year to a 15-year period for determining whether the current offense of impaired driving is a felony.
• This bill also provides that a second deferred prosecution for a DUI or PC offense counts as one point on a defendant's offender score and creates a new drug offender sentencing alternative for individuals convicted of felony impaired driving offenses.
• Court Awareness–The DUI Sentencing Grid will be updated to reflect any new language needed due to this bill.
• Effective – January 1, 2026

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2SHB 1877 – Behavioral Health/Tribes

• Bill #1877
• Summary – Mandates that tribes, Indian healthcare providers, and other tribal entities be included in every step under the Involuntary Treatment Act (ITA). Mandates the creation of statewide forms for use by tribal Designated Crisis Responders (DCRs), and requires courts to accept these forms when filed by the DCR. Permits tribes to seek reimbursem*nt from the Health Care Authority (HCA) for judicial costs associated with civil commitment proceedings under Ch. 71.05 RCW.
• Court Awareness–Updates to the ITA Bench Book are anticipated.
• Court Impact– New forms are anticipated. This answer will be updated with information about new forms and new codes, as applicable.
• Court Action– Courts must provide copies of any court orders necessary for the petitioner or the behavioral health administrative services organization to provide notice to the tribe or Indian health care provider of certain proceedings. The prosecuting attorney of a county or tribe located in this state and the tribe or Indian health care provider who has the right to intervene or receive notice and copies of any orders issued by a court in any court proceeding is allowed access to files and records of court proceedings.
• Effective – June 6, 2024—Except for sections 6, 8, and 18, which are contingent; and sections 12, 14, 24, and 27, which take effect July 1, 2026.

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HB 1958 – Nonconsensual Removal or Tampering with a Sexually Protective Devices

• Bill #1958

• Summary – This bill affords victims of nonconsensual removal of or tampering with sexually protective devices a civil cause of action against perpetrators, and permits victims to proceed using pseudonym; provides non-exhaustive list of remedies; identifies factors courts may consider in determining whether to impose punitive damages; precludes offsetting award against child support obligation; and mandates that prior consent, alone, is insufficient to establish current consent.
• Court Awareness–Use existing Civil Miscellaneous (Case Type 2) for case filings.
• Effective – July 1, 2024

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EHB 1964 – Prorate & Fuel Tax Collection

• Bill #1964
• Summary –This bill amends chapters 46.87 [prorate taxes on proportionally-registered vehicles], 82.38 [fuel taxes] and 82.42 [aircraft fuel taxes] RCW to clarify certain tax obligations, impose penalties for noncompliance, and provide additional enforcement tools; expands list of unlawful fuel-related acts; requires reporting and subjects those failing to report to civil and criminal penalties; authorizes creation of prorate/fuel tax discovery team within Department of Licensing to detect and investigate violations with team permitted to apply for ex parte superior court orders authorizing and pre-approving subpoenas and with court files for such applications to be sealed and not opened for inspection absent court order.
• Court Impact– A new Civil Cause of Action Code PFT – Prorate Fuel Tax Subpoena was created for this type of filing. The PFT will has a $240 filing fee and a $20 subpoena issuance fee. Use fee schedule 1100 for receipting the filing fee.
  • The Superior Court Civil Cover Sheets will be updated to add the new cause of action code.
  • A new Superior Court event/docket code CPIS – Closed to Public Inspection Per Statute, which is configured to automatically seal a case when filed.
• Effective – July 1, 2024

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SHB 1996 – RV Manufacturers & Dealers

• Bill #1996
• Summary – This bill establishes Recreational Vehicle Manufacturer and Dealer Law as new chapter in Title 46 RCW. It requires signed agreement with specified terms between manufacturers and dealers as precondition for certain RV sales; clarifies rights, powers, and duties of those involved; limits right to terminate, cancel, or decline agreement renewal; clarifies warrantor obligations and requirements for dealership ownership changes; addresses inspections and rejection of damaged goods; bars coercion of dealers; authorizes civil actions in superior court for violations [with mediation prerequisite unless injunctive relief also sought]; and provides for license revocations and imposition of fines against violators with their imposition appealable administratively or via “other proceeding authorized under state law.”
• Court Awareness– Use existing CPA Civil (Case Type 2) for case filings.
• Effective – June 6, 2024

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SHB 1999 – Fabricated Intimate Images

• Bill #1999
• Summary – This bill expands existing criminal offenses related to depictions of minors in sexually explicit conduct to include fabricating depictions of an identifiable minor. An offense of disclosing a fabricated intimate image is established. Fabricating an intimate image of another person is when that person knows or should know that the person being depicted has not consented to a disclosure and it would cause harm for the depiction to be disclosed. Consent to disclose a fabricated intimate image with respect to a civil cause of action is valid only if it is within a written agreement.
• Court Awareness– The list of law table changes can be found at the bottom of this answer.
  
• Effective – June 6, 2024

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SHB 2048 – Domestic Violence/Sentencing

• Bill #2048
• Summary – Requirements under the Sentencing Reform Act that domestic violence is pleaded and proven is eliminated in provisions relating to supervision of individuals convicted of certain domestic violence offenses. The Department of Corrections is to conduct an audit and report findings on its supervisory obligations for specified domestic violence offenses by December 1, 2024.
  
• Court Awareness–Updates to the Domestic Violence Bench Book are anticipated.
• Effective – June 6, 2024

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ESHB 2153 – Catalytic Converter Theft

• Bill #2153
• Summary – Creates a new felony and gross misdemeanor crime for trafficking in, possessing, selling, or offering to sell catalytic converters, or intentionally altering or obliterating the vehicle identification number of a detached catalytic converter.
• Court Awareness– The list of law table changes can be found at the bottom of this answer.
  
• Effective – April 1, 2025

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SHB 2156 – Solar Consumer

• Bill #2156
• Summary – Adds chapter to Title 19 RCW requiring certain solar energy system sellers and installers be licensed, use written agreements with specified terms, and provide customers specified notices, documentation, and information; prohibits deceptive solicitation methods; provides rescission period and bars provider enforcement actions during such period; and deems noncompliance a Consumer Protection Act (CPA) violation with chapter violators liable for actual damages.
• Court Awareness– Use existing CPA Civil (Case Type 2) for case filings.
• Effective – June 6, 2024

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SHB 2217 – Juvenile Criminal Offenses

• Bill #2217
• Summary –This bill expands jurisdiction for juvenile courts. Specifically, the juvenile courts may: commit juvenile offenders to the Department of Children, Youth, and Families (DCYF) for placement in a juvenile rehabilitation facility until their 23rd birthday under certain circ*mstances; place an individual under the authority of DCYF if they are under the age of 21 when the information was filed for committing the offense at the age of 18; maintain jurisdiction beyond a finding of guilt to enforce the juvenile court’s orders; automatically extend parole for offenders adjudicated of specific crimes at certain ages; and require discretionary decline hearings to be set depending on the respondent’s age and alleged offense.
• Court Awareness– Updates to the Sexual Violence Bench Book are anticipated. Changes to forms or codes are not anticipated at this time. This answer will be updated with additional information as necessary.
• Effective – June 6, 2024

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HB 2260 – Alcohol Sale to Minors/Civil

• Bill #2260
• Summary –Authorizes Liquor and Cannabis Board to impose civil penalties on store clerks who sell, gift, or otherwise provide liquor to those under age 21 from Board-licensed businesses while performing acts of employment [in lieu of issuing them criminal citations]; and permits the Board to pursue court action to enjoin violations and collect penalties.
• Court Awareness– Use existing Civil Miscellaneous (Case Type 2) for case filings.
• Effective – June 6, 2024

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ESSB 5271 – Protecting Patients in Facilities Regulated by the Department of Health by Establishing Uniform Enforcement Tools

• Bill #5271
• Summary –This bill authorizes the Department of Health to utilize specified enforcement tools in regulating certain licensed facility types for compliance with applicable health standards; specifies rights, powers and duties of those involved; authorizes imposition of penalties and other sanctions; permits administrative appeals; deems final cease and desist orders conclusive proof of noncompliance enforceable under contempt statute; authorizes Attorney General actions to enjoin violations; and permits superior court to impose penalties on injunction violators and to retain jurisdiction for actions to collect such penalties.
• Court Awareness–Use existing ALR-Administrative Law Review (Case Type 2) for administrative appeals. Use existing INJ-Injunction (Case Type 2) for actions brought by the Attorney General.
• Effective – June 6, 2024

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SSB 5588 – Mental Health Sentencing Alternative

• Bill #5588
• Summary –Courts and correctional facilities may delay a defendant’s release from confinement in order for the defendant to adhere to their treatment plan if they are participating in a mental health sentencing alternative. Specifically, release may be delayed to: allow the defendant to transfer to inpatient treatment or a supportive housing provider; ensure appropriate transportation is established and available; or allow the defendant to access available services during business hours on a weekday.
• Court Impact– New forms are anticipated. This answer will be updated with information about new forms and new codes, as applicable.
• Effective – June 6, 2024

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ESSB 5589 – Probate

• Bill #5589
• Summary –This bill amends Chapter 11.54 RCW to clarify property exempt from claims of decedent’s creditors, establish procedure for allocating exempt property among claimants, and clarify process by which certain survivors may petition for support awards; expands list of eligible petitioners and specifies required petition contents; identifies factors for courts to consider in ruling on petitions and clarifies when court may and may not deviate from basic award; deems certain property non-exempt from duty to pay specified expenses; modifies payment priority for enforceable debts; and repeals RCW 11.54.070-.080.
• Court Impact– Potential increase in case filings.
• Effective – August 1, 2024

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ESSB 5778 - Protecting the Rights of Workers to Refrain from Attending Meetings or Listening to Their Employer's Speech on Political or Religious Matters

• Bill #5778
• Summary –This bill establishes “Employee Free Choice Act” as new section in chapter 49.44 RCW barring covered employers from disciplining or otherwise retaliating against employees who opt out of employers’ religious or political meetings and speeches; requires posting of opt-out rights; gives employees superior court cause of action for employer violations; and excepts certain communications from Act.
• Court Awareness– Use existing EMP Civil (Case Type 2) for case filings.
  
• Effective – June 6, 2024

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ESSB 5796 – Common Interest Communities

• Bill #5796
• Summary –Amends and adds sections to Washington’s Uniform Common Interest Ownership Act, chapter 64.90 RCW concerning, inter alia: governance and operations; removal of discriminatory language in governing documents; rights, powers, and duties of unit owners and associations; elections; quorum requirements; assessments against individual unit owners for damage; restoration of owner rights suspended for nonpayment; reallocation amendments; electric vehicle charging stations; and flagpoles. Bars adoption and enforcement of regulations prohibiting or unreasonably restricting use of unit as adult family home with willful violators liable for damages and civil penalties; and repeals multiple statutes.
• Court Awareness– Use existing MSC Civil (Case Type 2) for case filings.
  
• Effective – June 6, 2024—Except for section 319, which takes effect January 1, 2025; and sections 401 through 432, which take effect January 1, 2028.

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2SSB 5825 – Guardianship

• Bill #5825
• Summary –Introduces minimal changes to the RCW 11.130 (UGA). Allows the court to dismiss a petition if no one is identified to serve as a guardian within 30 days. Also allows for a petition to be filed for a minor about to turn 18 within 45 days. Parents must be notified of a petition being filed if they are involved in the adult’s life. Court visitors are required to request an appointment of an attorney if the respondent objects to the petition. Under the amended statue courts now have the authority to bring before it, in the manner prescribed by RCW 11.48.070, any person(s) suspected of having their possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of the person subjected to conservatorship subject to the administration of this title.

  Also includes amendments to RCW 2.72, Office of Public Guardianship (OPG). The amendments to RCW 2.72 are subject to appropriation. These amendments intend to expand on the services of OPG. The income limit for program eligibility is raised from 200% of the federal poverty level to 400%. OPG is required to provide training for decision makers specific to the high-needs population. OPG must submit an annual report to the legislature. These amendments to RCW 2.72 do not substantially change the operations of OPG as the office already has authority to perform this work. This section is intended to increase the reach of OPG in an effort to serve more individuals and provide additional training for decision makers.

• Court action - Reissued letters of guardianship will now contain an expiration date within 180 days of the anniversary date of appointment. New expiration date should be verified and updated in letters of guardianship forms or templates.

• Court Awareness–Updates to the Guardianship Bench Book are anticipated.

• Effective – June 6, 2024

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ESSB 5891 – School Bus Trespass

• Bill #5891
• Summary –Creates the Richard Lenhart act. A new gross misdemeanor of school bus trespass is created. A person commits the crime of school bus trespass if the person knowingly and maliciously enters or remains unlawfully in a school bus; does any other act that creates a substantial risk of harm to passengers or the driver, and causes a substantial interruption or impairment to school bus services.
• Court Awareness– The list of law table changes can be found at the bottom of this answer.
  
• Effective – June 6, 2024

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E2SSB 5937 – Crime Victims and Witnesses

• Bill #5937

• Summary – This bill modifies procedures and rights related to crime victims. Crime victims may be reimbursed for reasonable roundtrip travel expenses for medical examinations and interviews. Crime victims who are injured shall be reimbursed for transportation from place of injury to place of treatment. The cost of a forensic exam shall be paid for by the state to gather evidence in cases of alleged sexual assault or domestic violence involving non-fatal strangulation that occurs within or outside the State of Washington.

  Crime victims are to be informed when charges have been filed, and the right to attend court proceedings or required interviews in person or remotely. Victims of violent offenses, domestic violence, and sex offenses shall be informed by local law enforcement agencies or the prosecuting attorney when a defendant has been found not competent to stand trial, and referred for restoration services.

  A pre-trial motion hearing shall be conducted concerning the relevancy of a victims past sexual behavior on the issue of consent in advance of a trial date, and before the jury is empaneled. Depictions of a victim’s genitals created during a sexual assault medical forensic examination shall not be shown in open court, and must be filed as a confidential document within a court file.

• Court Impact– Potential increase in criminal proceedings.
• Court Action–County Clerk processes regarding the storage and maintenance of applicable documents and exhibits should be reviewed.
• Effective – July 1, 2024

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ESSB 5973 – Heat Pumps in Common Interest Communities

• Bill #5973
• Summary – Associations of apartment owners, unit owners’ associations, and homeowners’ associations may not enforce a rule or regulation that effectively prohibits or unreasonably restricts the installation or use of a heat pump. Associations may impose reasonable restrictions on apartment owners, unit owners, and homeowners such as requiring an application for approval to install the heat pump and an application processing fee. To install a heat pump, apartment owners, unit owners, and homeowners must comply and meet all relevant building requirements and safety standards. If an association willfully violates this law, the association is liable to the apartment owner, unit owner, or homeowner for actual damages and a civil penalty. When apartment owners, unit owners, and homeowners seek enforcement of this law, the court shall award reasonable attorneys’ fees and costs to the prevailing apartment owners, unit owners, and homeowners.
• Court Awareness– Use existing MSC Civil (Case Type 2) for case filings.
• Effective – June 6, 2024

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ESSB 5974 – Unenforceable Legal Financial Obligations

• Bill #5974
• Summary – Bill creates a tiered schedule to determine when juvenile financial legal obligations (LFOs) shall be rendered null and void and considered satisfied and paid in full. All juvenile LFOs shall be rendered null and void and considered satisfied and paid in full by July 1, 2027. Presiding judges may authorize an administrative process to waive outstanding debts for LFOs. Moreover, Clerks may seek a judicial order to waive LFOs similar to RCW 6.17.020.
• Court Awareness– All juvenile LFOs shall be rendered null and void and considered satisfied and paid in full by July 1, 2027.
• Court Action– the Clerk may seek an order to waive outstanding debt based on case review. Implementation of a new financial reason code is anticipated.
  
• Effective – June 6, 2024

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ESSB 5985 – Firearms Background Checks

• Bill #5985
• Summary – The Washington State Patrol Firearms Background Check Program is defined in the new legislation. After a six month period in which a person has lost their right to possess a firearm due to a 72-hour detainment under the Involuntary Treatment Act the Washington State Patrol Firearms Background Check Program must remove the person from the National Instant Criminal Background Check System. Starting on July 1, 2025 the Washington State Patrol Firearms Background Check Program shall report annually to the legislature the average time between receipt of request for a firearms background check and final decision.
• Court Impact– New forms are anticipated. This answer will be updated with information about new forms and new codes, as applicable.
  
• Effective – March 26, 2024

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SSB 5998 – Vacation of Non-Felony Convictions

• Bill #5998
• Summary – This bill reduces the waiting period before a court may vacate a misdemeanor or gross misdemeanor conviction to three years after a person is released from DOC supervision or probation and removes the legal financial obligation payment completion requirement to begin the waiting period; the waiting period for a domestic violence offense is now five years after a person is released from DOC supervision or probation.
• Court Awareness– The brochure for Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records in Washington State will be updated for this bill.
  
• Effective – June 6, 2024

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2SSB 6006 – Supporting Victims of Human Trafficking

• Bill #6006
• Summary– Redefines crimes of trafficking in the first degree and the second degree and makes the defense of consent unavailable if the victim is a minor. It defines terms including coercion, commercial sex act, kidnapping, maintain, sexual motivation, and sexually explicit act. Changes under this bill include:
  • Remittance of applicable fees.
  • Definitions are updated in the bill to include dependent child, and abuse or neglect.
  • Defines commercial sexual exploitation related to civil protection orders.
  • Ability by the Department of Children, Youth, and Families (DCYF) and law enforcement to file a petition for sexual assault protection order on behalf of a minor.
  • Allows for prosecution of trafficking, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, promoting travel for commercial sexual abuse of a minor and permitting commercial sexual abuse of a minor to be prosecuted at any time after their commission.
  • Increases age of child who makes statements that may be admissible in dependency and criminal proceedings from 14 and 16 to under 18 years old.
  • Adds to victim privacy provisions making information confidential and not subject to release.
• Court Impact– The civil protection order forms will be updated by the effective date of this bill. A list of all updated pattern forms is available at the bottom of this answer.
  
• Effective – July 1, 2025

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ESSB 6007 – Grocery Workers

• Bill #6007
• Summary – Adds chapter to Title 49 RCW to protect the public and grocery workers by imposing duties on certain incumbent and successor grocery store owners when ownership changes; requires successor retain certain employees for transitional period following change; and affords aggrieved employees a civil cause of action in superior court against violators.
• Court Awareness– Use existing EMP Civil (Case Type 2) for case filings.
  
• Effective – June 6, 2024

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SB 6079 – Juvenile Detention Records—Access by Health Care Organizations

• Bill #6079
• Summary – This bill defines “detention facility,” and “managed care organization and behavioral health administrative services organization.” Bill allows records of a juvenile in a detention facility to be available to a managed care organization and behavioral health administrative services organization for the purpose of coordinating care. It requires the organization receiving the records to comply with all state and federal statutes regarding privacy of disclosed records, including keeping them confidential.
• Court Awareness– Court records as applicable may need to be made available to a managed care organization and behavioral health administrative services organization.
  
• Effective – June 6, 2024

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E2SSB 6109 – Supporting Children and Families

• Bill #6109
• Summary – This bill defines “high-potency synthetic opioid” and requires courts, throughout the dependency process, to give great weight to the lethality of high-potency synthetic opioids when determining if removal is necessary to prevent imminent harm to the child due to child abuse or neglect. Depending on the hearing, the court shall consider public health guidance from the Department of Health related to high-potency synthetic opioids in addition to the great weight standard. Moreover, the Administrative Office of the Courts shall develop, deliver, and regularly update training related to child safety and the risk and danger to youth by high-potency synthetic opioids and other substances impacting families.

  This bill requires the Department of Children, Youth, and Families (DCYF) to establish or fund and support a number of pilot programs. These pilots are to support infants and youth with substance exposure or involvement in the child welfare, child mental health, or juvenile justice systems. DCYF is to also enhance targeted contracts with existing home visiting programs. Part two also requires the Health Care Authority expand specific treatment and services to youth with prenatal substances exposure.

• Court Impact– New forms are anticipated. This answer will be updated with information about new forms and new codes, as applicable.
• Effective – June 6, 2024

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SSB 6146 –Tribal Warrants

• Bill #6146
• Summary – This bill creates the Tribal Warrant Act and creates a procedure for state law enforcement officers and places of detention to deliver tribal fugitives to tribal authority for both certified and noncertified tribes. Arrest warrants from a certified tribe are accorded full faith and credit by state courts.

Extradition of individuals who have a non-certified tribal warrant and do not waive their right shall have a hearing at the closest superior court of the place of detention. The individual shall get notice of their extradition rights which include:

1) The non-certified tribe that issued the arrest warrant;

2) the basis of the charge;

3) the right to assistance of counsel;

4) right to a hearing to determine transfer of custody to the tribe.

If the right to the hearing is not waived the court shall hold a hearing in three judicial business days. The individual can be released along with conditions that assure availability of the individual or remain in custody. At the hearing the court will determine whether the person has been charged with or convicted of a crime by the tribe; whether the person before the court is the person named in the request; and whether the person is a fugitive. If the non-certified tribe does not take custody after the hearing after three judicial days the court can release the individual with conditions assuring their availability within seven days. If the tribe has not taken custody after the 7 days the individual will be released.

• Court Awareness–Updates to the Criminal Bench Book are anticipated.
• Court Impact– Courts may see an increase in criminal proceedings.
  
• Effective – July 1, 2025—Except for section 17, which takes effect May 1, 2024

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E2SSB 6175 - Housing Affordability Tax Incentives for Existing Structures

• Bill #6175
• Summary – This bill creates a new chapter in Title 82 RCW authorizing covered cities and towns to establish sales and use tax deferral programs for conversions of existing underutilized commercial buildings in targeted urban areas to increase availability of affordable housing; specifies program criteria and eligibility requirements for owners and structures; makes eligibility determinations appealable to superior court; addresses tax liability of violators and those who discontinue participation; and includes sunset provision for select sections of Act.
• Court Awareness–Use existingALR-Administrative Law Review (Case Type 2) for administrative appeals.
  
• Effective – June 6, 2024

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SSB 6192 – Construction Project Change Orders

• Bill #6192
• Summary – Extends RCW 39.04.360 [payment of undisputed claim] protections afforded public works contractors on public works projects to subcontractors and suppliers on such projects and to all such entities in most private construction projects; requires timely issuance of requested change orders upon satisfactory completion of additional work; provides for accrual of interest for non or untimely issuance; and allows aggrieved parties to sue for relief in a “court of competent jurisdiction."
• Court Awareness– Use existing MSC Civil Miscellaneous (Case Type 2) for case filings.
  
• Effective – June 6, 2024

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E2SSB 6194 – State Legislative Employee Collective Bargaining

• Bill #6194
• Summary – This bill clarifies legislative employees and topics subject to collective bargaining; provides exemptions; authorizes employer bargaining teams; requires collective bargaining agreements be in writing and signed, provides for mediation in establishing them, and permits them to include arbitration provisions; authorizes certified employee representative to bargain for all employees in bargaining unit and for Public Employment Relations Commission (PERC) to determine appropriate unit; mandates questions within PERC’s authority be decided by it or by Court; directs PERC to prevent unfair labor practices (ULPs), but limits filing period for ULP complaints and bars use of certain legislator-expressed views as evidence of such practice; requires complaints be filed with PERC or Thurston County Superior Court with cease and desist orders to issue with terms imposed for substantiated ULPs; and authorizes courts to issue various orders (e.g., compelling arbitration and attendance at arbitration, for contempt against those failing to obey arbitrator subpoenas, and to enforce arbitration awards).
• Court Awareness– Use existing EMP Civil (Case Type 2) for case filings.
  
• Effective – May 1, 2024

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SSB 6227 – Not Guilty by Reason of Insanity - Protection Orders

• Bill #6227
• Summary – This bill allows a civil protection order to be issued to protect victims from an individual who has been found not guilty by reason of insanity.

Upon commitment to an inpatient treatment, conditional release, or upon application by a prosecuting attorney during which the court retains supervision over the individual a separate no contact order can be issued to protect the victim in the criminal case. The maximum length of the order is the maximum term of commitment or when the court releases the individual from supervision whichever comes first.

Clerk of the court to provide a written certified copy of the order to the victim.

• Court Awareness– Use existing CPO - Civil Protection Order (Case Type 2) for civil protection order case filings.
  
• Effective – June 6, 2024

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ESB 6246 – Firearm Prohibitions – Mental Health

• Bill #6246
• Summary – This bill modifies the crime of unlawful possession of a firearm to prohibit an individual who has a felony charge dismissed based on an incompetency to stand trial. The court must notify the individual both orally, and in writing that they may not possess a firearm unless their right is restored by the superior court that issued the order. The court clerk must forward the person’s firearm prohibition order, and identifying information to the criminal division of the county prosecutor office in which the charges were dismissed or filed.

When a person is detained for a 120-hour civil commitment evaluation, but not court committed for involuntary treatment; a firearms prohibition order is entered following a dismissal of felony charges based on an incompetency to stand trial; a dismissal of a charge of a nonfelony offense based on an incompetency to stand trial with a finding by the court that the individual has a history of one or more violent acts. A court may not restore an individual’s firearms rights if they are the subject of an extreme risk protection order or an order to surrender and prohibit weapons is entered against the individual.

This bill also modifies who all must receive notifications.

• Court Impact– The Washington State Pattern Forms are being reviewed for possible updates. A list of all updated forms will be attached to the bottom of this answer as soon as it becomes available.
• Court Action– The bill changed which findings get sent where. Please share the following with all staff that process competency evaluation matters:
  • When a person is convicted or found not guilty by reason of insanity, the findings only get sent to DOL’s Firearms division and WSP’s Firearms background check program.
  • When charges are dismissed based on incompetency to stand trial, the courts must now send the information about the person and charges to the criminal division of the county prosecutor in addition to NICS, DOL, and WSP.
  • When a designated crisis responder files a petition for initial detention and the person is not subsequently committed for involuntary treatment, the court must send the information to the DOL, the criminal division of the county prosecutor in the county in which the petition was filed, and WSP.
  • The same details must be submitted to all locations:
    • A copy of the person’s license or identicard, or
    • Comparable information such as the person’s name, address, and date of birth
    • The date of conviction, date of finding of not guilty by reason of insanity, date of dismissal of charges due to incompetency to stand trial, or date of release from the facility, whichever applies.
      
• Effective – June 6, 2024

Attachments:

2024 Legislative Impact AOC Law Tables