Bill: HB 1163 — 2017
Concerning domestic violence (Goodman, Hayes, Orwall)
Modifies domestic violence provisions relating to: (1) Offender scores for assault of a child and criminal mistreatment; and
(2) Revising the crime of fourth degree assault.
Requires a biological sample to be collected for purposes of DNA identification analysis from an adult or juvenile convicted of assault in the fourth degree, where domestic violence was pleaded and proven.
Authorizes a sheriff to waive fees associated with service of a writ of habeas corpus that was issued for the return of a child when the person who was granted the writ is, by reason of poverty, unable to pay the cost of service.
Requires the administrative office of the courts, through the Washington state gender and justice commission of the supreme court, to convene a work group to address the issue of domestic violence perpetrator treatment and the role of certified perpetrator treatment programs in holding domestic violence perpetrators accountable.
Creates the Washington domestic violence risk assessment work group to study how and when risk assessment can best be used to improve the response to domestic violence offenders and victims and find effective strategies to reduce domestic violence homicides, serious injuries, and recidivism that are a result of domestic violence incidents in the state.
1ST SUBSTITUTE COMPARED TO ORIGINAL:
Membership of the Washington Domestic Violence Risk Assessment Work Group is expanded to include two separate members to represent the Washington Defender Association and the Washington Association of Criminal Defense Lawyers, rather than one member representing both organizations. Additionally, an applicant for a cosmetology, hair design, barbering, manicuring, or esthetics license must complete a one-hour training course in DV and sexual assault awareness as a requirement of licensure.
2ND SUBSTITUTE COMPARED TO 1ST SUBSTITUTE:
The requirement to complete a one-hour domestic violence and sexual assault course applies only to holders of individual licenses for cosmetology, hair design, barbering, manicuring, and esthetics, not to business owners. Completion of that one-hour course is required upon the reinstatement or renewal of an individual license, in addition to a first-time application. The effective date of the requirements related to the one-hour course is delayed until January 1, 2018.
EFFECT OF STRIKER AMENDMENT: Prevents the state from using a vacated misdemeanor or gross misdemeanor record of domestic violence in a later criminal prosecution unless the conviction was for violation of a restraining order or stalking. Such vacated record is not a conviction for purposes of precluding possession of a firearm under federal law. Ranks assault in the fourth degree where domestic violence was pleaded and proven as a seriousness level IV.
Hearing Date: Tuesday, March 14, 2017 -- 10:00 am
WA State Legislature Link:
http://app.leg.wa.gov/billsummary?BillNumber=1163&Year=2017 (opens a new browser tab)