Wash. Rev. Code § 7.105.352

Current through 2024

Section 7.105.352 - [Effective 1/1/2025] Order in scannable electronic format-Hope card program

(1) The administrative office of the courts shall develop a program for the issuance of protection order hope cards in scannable electronic format by superior and district courts. The administrative office of the courts shall develop the program in collaboration with the Washington state superior court judges' association, the Washington state district and municipal court judges' association, the Washington state association of county clerks, association of Washington superior court administrators, district and municipal court management association, and the Washington association of sheriffs and police chiefs, and shall make reasonably feasible efforts to solicit and incorporate input from appropriate stakeholder groups, including representatives from victim advocacy groups, law enforcement agencies, and the department of licensing.

(2)

(a) A hope card must be in a scannable electronic format including, but not limited to, a barcode, data matrix code, or a quick response code, and must contain, without limitations, the following:

(i) The restrained person's name, date of birth, sex, race, eye color, hair color, height, weight, and other distinguishing features;

(ii) The protected person's name and date of birth and the names and dates of birth of any minor children protected under the order; and

(iii) Information about the protection order including, but not limited to, the issuing court, the case number, the date of issuance and date of expiration of the order, and the relevant details of the order, including any locations from which the person is restrained.

(b) If feasible, the information stored in a scannable electronic format and accessible through a barcode, data matrix code, or a quick response code must include a digital record of the protection order as entered and provide access to the entire case history, including the petition for protection order, statement, declaration, temporary order, hearing notice, and proof of service.

(3) Commencing on January 1, 2025, a person who has been issued a valid full protection order may request a hope card from the clerk of the issuing court at the time the order is entered or at any time prior to the expiration of the order.

(4) A person requesting a hope card may not be charged a fee for the issuance of an original and one duplicate hope card.

(5) A hope card has the same effect as the underlying protection order.

(6) For the purposes of this section, "full protection order" means a domestic violence protection order, a sexual assault protection order, a stalking protection order, a vulnerable adult protection order, or an antiharassment protection order, as defined in this chapter.

RCW 7.105.352

Added by 2023 c 308,§ 2, eff. 1/1/2025.

Findings- 2023 c 308 : "The legislature finds that:

(1) Washington state has been a national leader in adopting legal protections to prevent and respond to abuse, violence, harassment, stalking, neglect, and other threatening behaviors, through the enactment of different types of civil protection orders, which are intended to provide an efficient means to obtain protection against perpetrators of these harms. Protection orders are essential tools that can increase safety for victims of domestic violence, sexual assault, stalking, abuse of vulnerable adults, and unlawful harassment, by empowering them to obtain immediate protection for themselves without having to rely on the criminal legal system. From 2018 through 2021, more than 83,000 full protection order cases were filed in Washington courts, with domestic violence protection order cases making up nearly 58 percent of that total.

(2) Washingtonians who receive protection orders, however, are often confronted by a difficult choice-always carry a paper copy of the order with them, an inconvenient option that could result in the document being damaged or lost, or risk not having access to proper documentation should assistance from law enforcement or emergency services become necessary.

(3) Numerous other states including Oregon, Idaho, and Montana have successfully implemented a solution by establishing hope card programs. Hope cards are durable, laminated cards, similar in construction to a driver's license, that contain the vital information about a protection order that first responders need to quickly verify its existence.

(4) Establishing a hope card program in Washington will not only relieve protection order recipients of an unnecessary source of frustration and stress, but also increase the effectiveness of these crucial sources of safety and security for thousands of Washingtonians." [2023 c 308 s 1.]

Effective date- 2023 c 308 : "This act takes effect January 1, 2025." [2023 c 308 s 3.]